There are four main documents involved in Estate Planning: A Primary, a Secondary Will and Powers of Attorney for Property & Personal Care. Primary and Secondary Wills go into effect upon the passing of the client. However, Powers of Attorney are used while the client is still alive, but for various reasons is unable to take care of themselves either physically or financially.

A Power of Attorney for Property allows the client to nominate someone (i.e. an Attorney) to manage all or some aspects of their financial affairs.

A Power of Attorney for Personal Care allows the client to nominate someone to make medical decisions when the client is incapable of making these decisions for themselves. Circumstances where a Power of Attorney for Personal Care could be used include an incapacitating injury/accident or an illness that affects the client’s ability to make sound health care decisions. Personal Care is not an automatic right for the attorney to make medical decisions for the client, the client must first have their capacity assessed by a competent assessor to be deemed incapable of making sound decisions.

Upon the passing of a client, Powers of Attorney for Property and/or Personal Care documents cease to be in effect. The Primary Will becomes the document that governs a client’s property after they pass away. The role of managing the deceased’s property falls to the Executor as named in the Will. There is no requirement that the client name the same people to manage things while alive as after death. Those decisions are completely within the client’s discretion. 

Unlike a Primary Will, a client may choose to also have a Secondary Will as part of their estate plan in order to specifically deal with property or assets that do not require a Probate Certificate. For instance, a Secondary Will may be recommended for clients that own and operate a business.

Having an estate plan is essential to ensure that your assets are transferred to your intended beneficiaries in anticipation of death. Estate planning will also provide peace of mind knowing that your property and financials are well managed in the event of incapacity. We will work with you directly to structure your estate plan by drafting your Wills & Powers of Attorney. Our office is always happy to discuss any limitations and/or restrictions with our clients when we are assisting them with their estate planning needs. 

We also offer all of our services remotely. Our lawyers are happy to meet with you virtually or at a location of your choice.

Get in touch with us to set up a free 30-minute consultation, or use the form on the contact page to inquire whether our services are right for you.