There are several reasons why having a well drafted Will and Power of Attorneys is important in Ontario.

1. Estate Planning: A Will is a legal document that defines the distribution of your assets after you die. Without a Will, your assets may be distributed in accordance with the default rules established by the government and in consequence may not align with your wishes.
2. Guardianship: If you have minor children designating a guardian in your Will allows you to name a guardian who will take care of your children if you are unable to do so. You can also designate a guardian and litigation guardian for any dependent children who are physically or mentally challenged.
3. Estate Administration Fees: Probate is the process by which the executor named in a Will is appointed through the courts and where the Will is proven to to be valid. By having a well drafted Will prepared by one of our lawyers, you can ensure that your assets are distributed according to your wishes in ways that mitigate a lengthy and costly probate process and high estate administration fees (probate fees).
4. Power of Attorney for Management of Property: A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you are not able or become mentally incapable of managing property. The authority entrusted in your appointed Attorney enables that person to make decisions related to your property which can include your homes, cars, finances and investments.
5. Power of Attorney for Personal Care: Like a Power of Attorney for Management of Property, you can appoint a person or persons in a Power of Attorney for Personal Care to make health care decisions for you when you unable to do so. These situations would include cases in which you may hospitalized and unable to let your physicians know your wishes such as whether you want a blood transfusion. If you do not have a Power of Attorney for Personal Care, your attending physician will be able to make decisions which are often guided by hospital budgetary constraints. These can be serious decisions which are contrary to your wishes and could include administering or withholding life saving treatment.

At DeSantis Law we highly recommend having a Will and Power of Attorney’s prepared so that you have peace of mind while you are alive and after you have passed. It is equally important to have a well drafted Will and Power of Attorney prepared by a qualified lawyer to ensure that those documents are valid and properly prepared and reflect your wishes.