Law Offices of J. Bruce MacNaughton / Lawyer / Kingston

Estates and Powers of Attorney

Powers of Attorney are a very effective way for families to protect themselves in the event that a person is 'unable to handle their own affairs' (for many reasons including physical or mental inability).

Historically, Powers of Attorney terminated upon one becoming incompetent. The effect of this was that a "Committee" (effectively a 'manager') had to be appointed by the Courts to 'run' the estate of the incompetent. It was a very expensive procedure.

In the early 1980's legislation was passed allowing Powers of Attorney to continue into mental incompetencies. Powers of Attorney became very effective tools to manage estates of the living but were little utilized.

In the early 1990's the Provincial legislation was introduced which split Powers of Attorney into 2 types - Powers of Attorney for Property and Powers of Attorney for Personal Care.

Powers of Attorney for Property allow your named attorney (not necessarily your lawyer - usually a trusted friend or family member) to manage your affairs should you be unable to do so.

Order a Power of Attorney for Property Online Here

A Power of Attorney for Personal Care allows the giver to entrust the Attorney to, among other things, carry out the terms of what is commonly known as a "Living Will". These wishes need not, and indeed probably should not, be too detailed but can be if so desired.

Order a Power of Attorney for Personal Care Online Here

It should be noted that, unless restricted, a Power of Attorney is effective immediately upon being signed. "Trust" is the key word here.

Estates - An older lawyer I knew used to say to his clients, "Tell me what you'd like to have happen [with your estate] and I'll write it up." In many ways this is still true. However, sound professional advice in the area of estate planning bringing together the medical, accounting, and legal disciplines to minimize probate and estate costs/taxes and ease transition is crucial.

At the Law Offices of J. Bruce MacNaughton we would be pleased to work with you and your family in your own estate planning. We assist individual clients in personal estate planning to transfer assets efficiently to their chosen beneficiaries. Planning of this nature often focuses on providing for family members, protecting the assigned assets and ensuring professional management of these assets.

Further, the Law Offices of J. Bruce MacNaughton have assisted many executors and executrixes in carrying out their duties as estate trustees. If you find yourself in need of legal assistance in this area please contact me.

For more information, please contact: bruce@macnaughtonlaw.com