Navigating Clients Through Powers Of Attorney
There are times in a person’s life when they can lose their decision-making ability, either on a short or long-term basis. This can occur if the person was involved in an accident, had a medical emergency or as a result of advanced age. In these situations, it is prudent to have a power of attorney in place.
At Carlyle Law, our experienced legal team has helped hundreds of clients safeguard their person and finances through powers of attorney in Olds, Alberta and surrounding areas. We will determine your wishes and ensure we find the right power of attorney to protect you and your possessions.
The Importance Of Incapacity Planning
Generally, there are two broad categories of powers of attorney.
A standard power of attorney can be used where the person granting the power of attorney (the “donor”) still has their mental capacity. This type of power of attorney is typically used where the donor might not be present to sign legal documents; for instance where they are away on holidays or working overseas.
This type of power of attorney can be used for a specific, limited purpose such as to sign transfer papers on a house purchase or sale on behalf of the donor, or for a general purpose which would basically allow the attorney named in the power of attorney to do anything that a donor could do if they were present (including accessing bank accounts unless they were somehow limited from doing so by the wording of the power of attorney).
This type of power of attorney comes to an end automatically if the donor dies, the attorney dies, if the donor or attorney lose their mental capacity, or if the donor cancels it while they still have their mental capacity.
As a part of estate planning, we suggest considering an enduring power of attorney. The major difference between an enduring power of attorney and a standard power of attorney is that an enduring power of attorney will not come to an end if the donor loses his or her mental capacity. It will only come to an end if the donor dies or the attorney dies and there is no alternate attorney named, or if the donor cancels it while they still have their mental capacity.
Incapacity can occur at any age. Having a power of attorney in place to protect your property and finances can go a long way in preserving your wishes if you are unable to protect them.
We help insure that you will choose the right power of attorney by:
- Meeting with you to discuss your needs
- Explaining the various power of attorney options
- Answering your questions and concerns
Helping You Plan For Peace Of Mind
We can help you determine which power of attorney is right for you in the case of incapacity. Our lawyer and legal assistants work together to listen to your needs, and tailor your objectives to the right power of attorney. As a result, you will have a solid advance care planning tool in place that will protect your wishes.
Book An Appointment With Us
We are available to help you find the right power of attorney for your specific circumstances. Contact us today at 866-445-8146 or email us.