Here comes Legal Form + Video Guide #8:

Continuing Power of Attorney for Property (Ontario)

This Legal Form can be used to appoint a person to make decisions on your behalf concerning your property and finances.  It can impose limits on your attorney for property.  Also, it is called “Continuing” or “Enduring” to signify that, even after you become incapable of making decisions concerning your own property, this Power of Attorney for Property will still be valid and applicable. We also have a Power of Attorney for Personal Care available on Dynamic Lawyers if you need one, as well as a Living Will (these things are typically done all at the same time with your Last Will and Testament).  Here’s the sample Video Guide that comes with this Continuing Power of Attorney for Property:

Remember: if you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: continuing power of attorney for property, enduring power of attorney for property, legal forms, living will, power of attorney, power of attorney for property

I wanted to give you an update on our Ontario legal forms project.  Our February Launch is still a go. All 10 legal forms are now complete and are being tweaked.  Each form takes a number of days to draft, review and revise.  Not only that, but we’re including videos and ebooks with each package to help provide some insight into the form itself and how you can customize it.  So you’ll end up being able to download a fully customizable template (e.g. in .doc, .wpd., and .rtf format).  Here are a list of our initial packages (all for Ontario):

1. Independent Contractor Agreement (One-Sided: Client)
2. Plaintiff’s Claim: Construction / Renovation Dispute
3. Confidentiality Agreement (One-Sided)
4. Confidentiality Agreement (Mutual)
5. Settlement and Release Agreement (One-Sided)
6. Settlement and Release Agreement (Mutual)
7. Auto-Accident Settlement and Release Agreement (One-Sided)
8. Continuing Power of Attorney for Property
9. Power of Attorney for Personal Care
10. Living Will

(One-Sided): means that the clauses are drafted in favour of one of the parties.

(Mutual): means that the clauses are drafted in favour of both parties.

A big benefit of these legal forms is that they are lawyer prepared but written in a language you can understand: HUMAN.  We’ve stripped out the legalese and simplified each document so that you can understand it.  Together with the eBook and the Video, you should be all set.

As time goes on, we will be adding additional legal forms to the mix in the areas of:

• Family Law (e.g. Cohabitation Agreement)
• Will and Estates (e.g. Last Will and Testament)
• Real Estate (e.g. Residential Lease Agreement)
• Websites (e.g. Terms of Use Agreement)
• etc.

Once things take off, we’ll also be adding additional jurisdictions….

So there you have it…

written by admin \\ tags: auto-accident settlement and release agreement, confidentiality agreement, continuing power of attorney for property, independent contractor agrement, legal forms canada, legal forms ontario, living will, plaintiff's claim, power of attorney for personal care, settlement and release agreement, understandable legal forms

As a follow up to our new FREE eBook entitled “Buying and Selling Residential Real Estate in Ontario“, we have just released ANOTHER MUST HAVE and FREE EBOOK: “Wills and Estates in Ontario“.

This 28 page eBook will cover topics such as:

- What is a Will?

- What are the legal requirements to have a valid Will in Ontario?

- How do you prepare to have your Will drafted?

- How do you amend your Will or terminate it?

- What happens if you die without a Will?

- What is an International Will?

- What is a Power of Attorney and why do you need them?

Grab your copy today!

Remember: the information provided in the eBook is not legal advice and is provided for informational and educational purposes only.   If you need legal advice with respect to Wills and Estates matters (e.g. preparing a Will and Power of Attorney package), seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you with your Wills and Estates matters.

In case you were looking for a Continuing Power of Attorney legal form, look no further:

Continuing Power of Attorney for Property (Ontario)

This Legal Form can be used to appoint a person to make decisions on your behalf concerning your property and finances. It can impose limits on your attorney for property. Also, it is called “Continuing” or “Enduring” to signify that, even after you become incapable of making decisions concerning your own property, this Power of Attorney for Property will still be valid and applicable. We also have a Power of Attorney for Personal Care available on Dynamic Lawyers if you need one, as well as a Living Will (these things are typically done all at the same time with your Last Will and Testament). Here’s the sample Video Guide that comes with this Continuing Power of Attorney for Property:

Remember: if you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: continuing power of attorney for property, living will, power of attorney for personal care, power of attorney for property, toronto wills and estates lawyer, wills and estates lawyer ontario, wills and estates lawyers toronto

Please note that the information provided herein is not legal advice and is provided for educational purposes only.   If you need legal advice with respect to durable power of attorneys, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).

Continuing powers of attorney – also referred to as enduring or durable powers of attorney – are legal documents that designate an individual (known as an attorney) to act on behalf of a person in the event that that person becomes disabled or incapacitated.  So, in other words, it’s a power-giving document that allows the attorney to be able to make decisions on behalf of the incapacitated or disabled person.  It is called “continuing” or “durable” because it can be used the person who gave it is no longer mentally capable.

There are power of attorneys over property and health care decisions.  Typically, when you go to a lawyer’s office to draft your will, they will include power of attorneys as part of the last will and testament package.

Everyone should have a continuing power of attorney to make sure that their financial and health care affairs are in order and capable of being looked after when they become unable to look after those things themselves.

To have a valid power of attorney under the Ontario Substitutes Decision Act:

1. The document itself must state that it is a continuing power of attorney or otherwise express the intention that the authority given may be exercised during the grantor’s incapacity to manage property.
2. The document must authorize a person to be an attorney.
3. The grantor (i.e. the person giving the power of attorney) must have capacity to give the continuing power of attorney (i.e. through knowledge, awareness, appreciation, etc.).
4. A person with capacity is capable of revoking a continuing power of attorney.
5. The document must be signed by two witnesses who are (among other things) not the grantor or attorney’s spouse or partner, a person less than 18 years old, or a child of the grantor (or somehone who the grantor has demonstrated a settled intention to treat as his or her child).

The power of attorney need not be in a set form or template.

A word or two on the requirement that the grantor must have sufficient capacity to grant the power of attorney.  The grantor must be over the age of 18 and must be mentally capable as demonstrated by things like:

• knowing what kind of property he or she has and it’s approximate value;
• is aware of the obligations owed to his or her dependents;
• knows that the attorney must account for his or her dealings with te person’s property;
• knowing what authority is being granted to the attorney;
• appreciates that the attorney’s mismanagement could result in a decline of the value of property; and
• understanding the consequences of an attorney misusing their authority.

In the next blog, I’ll discuss the basic elements of a continuing power of attorney.

In case you were looking for a Continuing Power of Attorney legal form, look no further:

Continuing Power of Attorney for Property (Ontario)

This Legal Form can be used to appoint a person to make decisions on your behalf concerning your property and finances. It can impose limits on your attorney for property. Also, it is called “Continuing” or “Enduring” to signify that, even after you become incapable of making decisions concerning your own property, this Power of Attorney for Property will still be valid and applicable. We also have a Power of Attorney for Personal Care available on Dynamic Lawyers if you need one, as well as a Living Will (these things are typically done all at the same time with your Last Will and Testament). Here’s the sample Video Guide that comes with this Continuing Power of Attorney for Property:

Remember: if you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: 18 years, continuing power of attorney, continuing power of attorney for property, disabled person, durable power of attorney, durable power of attorneys, educational purposes, health care decisions, incapacity, knowledge awareness, last, last will and testament, lawyer, lawyers, legal advice, legal documents, power of attorney, power of attorneys, professional assistance, two witnesses, will and testament