real estate lawyer ottawa stitttsville

Substitute Decision-Making for Property

real estate lawyer ottawa stitttsvilleIn a blog posted last week, we explored the different types of substitute decision-makers that can be appointed with respect to personal care. In this blog, we will turn our attention to substitute decision-makers with respect to property.

I’m not sure if my dad has the capacity to sign a Power of Attorney for Property?

In a Power of Attorney for Property, the ‘grantor’ (the person signing the document) appoints one or more persons to make decisions on their behalf with respect to their property. In order to have the required mental capacity to sign a Power of Attorney for Property, among other things, the grantor must know what kind of property they have and its approximate value as well as appreciate the authority that they are giving to the Attorney.

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Charitable Giving in Your Estate Plan

“CHRISTMAS IS THE SPIRIT OF GIVING WITHOUT A THOUGHT OF GETTING. IT IS HAPPINESS BECAUSE WE SEE JOY IN PEOPLE. IT IS FORGETTING SELF AND FINDING TIME FOR OTHERS. IT IS DISCARDING THE MEANINGLESS AND STRESSING THE TRUE VALUES.”
– THOMAS S. MONSON

estate planning lawyer No other time of year personifies the spirit of giving more than Christmas. We thought it was the perfect time to share a little bit about how charitable giving can impact your estate plan.
Most are aware that a charitable gift on death has a beneficial impact upon an estate. To understand how this benefit arises, we must first look at what tax liability arises at death.

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Substitute Decision-Making for Personal Care

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Have you signed a Power of Attorney for Personal Care?

When we think of estate planning, we often focus on the importance of signing a Will. However, planning for one’s possible incapacity is another critical aspect of proper estate planning. This generally involves signing both a Power of Attorney for Property and a Power of Attorney for Personal Care. An ‘Attorney’ is defined in Ontario as a ‘substitute decision-maker’ and should not be confused with the terminology of our neighbours to the south where lawyers are referred to as attorneys.
Before signing a Power of Attorney document, one must have the required mental capacity.

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“Divorce Day”?

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In the U.K., the first Monday back from the Christmas holidays is what is know as “Divorce Day”. This is the day when lawyers report seeing increases in inquiries about getting a divorce. As Canada is not immune to high rates of divorce, it wouldn’t be surprising to learn that this trend happens here as well. As the holiday season is fast approaching, we want to remind readers of the Estate planning steps that are necessary post separate or divorce.

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Canadian Neighbours Go To Battle Over Maple Tree

What could be more beautiful than a Thanksgiving weekend in Canada? Our maple trees are truly spectacular during this “Fall Rhapsody” time of year. And what could be more Canadian and fall-ish than a battle over a maple tree?

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A legal battle over a maple tree?! How very Canadian and season-appropriate!

A recent case (Allen v. MacDougall) before the Ontario Superior Court of Justice involved two neighbours in a dispute over a maple tree. The tree in question was growing on the shared boundary line between the neighbouring properties.

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Judges and Masters’ Thoughts on Estate and Family Law

will estate familyPersona Law Group has always been, and will always be, about the quality of our work and the personal approach we bring to each of our clients. As part of our ongoing efforts to keep apprised of the latest developments in estates and family law, last month, one of our team members attended an insightful event, kindly organized by the Canadian Bar Association. At the event entitled ‘Dinner with Your Honourable Ottawa Estates Judges’, Judges and a Master of the Ontario Superior Court of Justice shared their valuable observations to lawyers, in order to save the clients’ they serve valuable time and money.
Our Persona Law Group team members strive to provide our estate planning clients with comprehensive Wills and Powers of Attorney documents that will become a true gift to loved ones left behind.

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