Who Should You Choose as Your POA?
Choosing Attorneys for Property and Personal Care
Choosing an attorney under a Power of Attorney is one of the most important decisions involved in estate planning. An attorney may be called upon to make significant financial, legal, healthcare, and personal decisions on your behalf if you become incapable of managing your own affairs.
In Ontario, there are two primary types of Powers of Attorney: a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care. While many individuals appoint the same person to both roles, this is not always necessary or appropriate.
The ideal attorney is someone who is trustworthy, responsible, and capable of making decisions in your best interests. Because attorneys may exercise significant authority over your finances, property, and personal wellbeing, it is essential to choose individuals whom you trust completely.
When selecting an attorney for Property, you should consider whether the individual is organized, financially responsible, and comfortable dealing with banks, investments, bills, and other administrative matters. Your attorney for Property may be responsible for managing substantial assets and ensuring that your financial affairs continue uninterrupted during periods of incapacity.
When selecting an attorney for Personal Care, it is important to choose someone who understands your values, communicates effectively, and is prepared to make potentially difficult healthcare and end-of-life decisions. Your attorney for Personal Care may be required to make decisions regarding medical treatment, housing, nutrition, and other aspects of your personal wellbeing.
It is also important to consider practical factors such as the individual's age, health, availability, and proximity to you. An attorney who lives nearby may be better positioned to respond quickly in an emergency or to assist with day-to-day matters.
Many individuals choose a spouse, adult child, close family member, or trusted friend to act as attorney. Others may appoint more than one attorney. While joint appointments can provide additional oversight and support, they may also create challenges if the attorneys are unable to work together effectively.
Before making an appointment, it is often advisable to discuss the role with the proposed attorney to ensure that they are willing and able to assume the responsibilities involved.
There is no single "correct" choice of attorney. The appropriate appointment will depend upon your personal circumstances, relationships, and wishes.
Carefully chosen Powers of Attorney can help ensure that important decisions are made by people you trust, while reducing uncertainty, delay, and family conflict during difficult times.
If you would like assistance preparing or reviewing your Powers of Attorney, please book your FREE CONSULT with Tonelli Estate Law today.
***This article is for general informational purposes only and does not constitute legal advice***
