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FAQs - Deciding What You Want Your Attorney to Do for You

Q

I want my close friend and neighbour to be able to do some banking for me so she can pay my bills and make withdrawals for me.

A

You could appoint your friend to be your property attorney. A property attorney can make financial decisions. This could include withdrawing money from the bank, paying bills and buying or selling property. If it is an enduring power of attorney it could also include using your funds to support your spouse and/or dependent children or to finance their education.

Q

My son is my property attorney under an enduring power of attorney. I know he does not agree with how I have divided my property under my Will. If I lost my capacity could he then change my Will because he has a power of attorney?

A

No. Neither a property or a personal attorney can make a Will for you or change your existing Will. Also, their authority under the power of attorney ends upon your death.

Q

I have always given my grandchildren small gifts for things like birthdays, graduation and other special occasions. Is this something my attorney could continue with under an enduring power of attorney if I later lose my capacity?

A

Yes, you could specifically allow it under your power of attorney. If not specifically permitted, there are some restrictions. In particular, the total value of all gifts in any year cannot exceed $1,000 and can only be made if you can afford it and it is in keeping with what you would normally do.

Q

I have just found out that I have early Alzheimer’s and I want to give someone the authority to make some personal decisions for me, such as where I will live, in the event that I can no longer make those choices for myself.

A

If you want someone to be able to act for you when you cannot make your own decisions you can appoint an enduring power of attorney. This person would be your personal and property attorney unless you state otherwise. A personal attorney can make decisions about your personal affairs. This could include deciding where you should live and what kind of help you need around the home.

Q

I have had a stroke and the doctors tell me I am at a high risk of having another one. I know it would be too hard for my wife to decide what kind of medical care I should get if I had another stroke and could not decide for myself, so I want to appoint my son as my personal attorney for this purpose.

A

A personal attorney cannot make health care decisions for you. You would need to prepare a health care directive to do this. A health care directive allows you to make decisions now about your future medical care. In your health care directive you can name your son as your proxy so he can make decisions about your medical care if you cannot.

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