Brian's Law

Decisions, Decisions...

Sometimes I hate being an adult.  When I was a child life was easy.  My mother and father made all the hard decisions for me.  When to get up, what to wear, where to go.   Then I grew up and, all of a sudden, I had to make my own decisions.  Some are easy.  Go to work or stay home?  Well, I've got a child in university so I guess I'd better go to work.  Stop for the red light?  If I actually want to arrive at my destination alive, I guess I'd better. 

Now, of course, I can get help to make decisions.  For example, there are always people in my household ready to help me decide what to wear.  Sometimes, I ask.  I come down in the morning with my suit and shirt on,  carrying 3 ties because I can't make up my mind.  To me, they all look good, but I count on those who care about me to tell me which one looks the best.  Sometimes, I don't even have to ask for help.  Apparently, they can tell by looking at me that I need it.  I come down all ready to go out and am faced with the question every man has been asked some time in his life,  "You're not wearing that are you?" 

Sometimes, even 2 people can't make a decision.  Like the young couple I saw in the video store the other day.  They came in holding hands and left not speaking to each other.  Apparently, he wanted a movie where 3 buildings got blown up and at least 26 people were wounded before the opening credits rolled and she wanted one where people spoke to each other about their feelings.  You can argue that neither of these scenareos are true to life but that is a subject for another column.  The point is they left empty-handed.

The decisions you should be worrying about are those needed when you can't make a sound decision for yourself due to illness or injury.  You would think you could count on your partner to make those decisions regarding your personal care or your property and they will IF you have signed a Power of Attorney.  A Power of Attorney is a legal document that permits someone to speak on your behalf if you can't speak for yourself.  The Province of Ontario has passed a law known as the Substitute Decisions Act that says that the Province will appoint a civil servant to make those important decisions for you if you haven't made one.  I don't know about you, but I would rather have someone who cares about me making decisions about my health and welfare.  If you haven't taken the time to sign a Power of Attorney, your family may have to apply to the court to obtain a court order to have the Provincial appointee step aside, a complicated and potentially expensive exercise which can be easily avoided.

If you only make one decision today, make the call to your lawyer and arrange for a Power of Attorney for Property and a Power of Attorney for Personal Care (sometimes called a Living Will).  It is the right thing to do.

Brian McMurter is a lifelong Durham resident who practices Real Estate and Wills and Estate Law in Whitby.  His website is www.mcmurter.com