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Real Estate Law
And Estate Law
Protect Your Wishes With A Tailored Power Of Attorney
A power of attorney allows you to determine who will make decisions on your behalf, under certain circumstances. In Ontario, there are two kinds of powers of attorney: for personal care and for property. At McMurter & Associates in Whitby, we have been establishing powers of attorney for clients as part of our estate planning practice for more than 30 years.
Choosing a power of attorney, whether for your financial affairs or your medical and personal needs, should be undertaken with great care. We work hard to provide you with a full understanding of the effects of a power of attorney and the significant responsibility placed upon the people you choose to fulfill these roles.
Kinds Of Powers Of Attorney
By signing a power of attorney, you are giving another person the legal authority to act in your stead within certain boundaries. Specifically, the kinds of attorney used in Ontario are:
- Continuing power of attorney for property: This gives a person the authority to make financial decisions on your behalf. It comes into effect as soon as it is signed, unless the power of attorney document says otherwise. You can limit the appointee’s authority to only certain matters, such as taking care of selling your house while you are out of the country. Or the scope of the person’s powers can be quite broad. If you do not appoint a power of attorney for property and you become incapacitated, a family member or other individual can apply to the court to have that authority.
- Power of attorney for personal care: This gives a person the authority to make decisions about your personal care, including health care, nutrition, housing and consent to medical treatment. It comes into effect only when you are mentally incapable of making these decisions on your own.
It is important to choose someone you trust to be your power of attorney. You do not have to choose the same person to be both your power of attorney for property and your attorney for personal care. At McMurter & Associates, we will discuss your concerns in confidence and advise you accordingly.
Fees
Powers of attorney are often prepared concurrently with a new will and other estate planning documents. Our “No Surprises” legal fees for preparing powers of attorney and wills are as follows:
| Single | Couple | |
| Will | $425.00 + HST | $695.00 + HST |
| Power of attorney | $250.00 + HST | $350.00 + HST |
| Will and power of attorney | $595.00 + HST | $925.00 + HST |
Additional fees may apply in certain circumstances, such as:
- Wills with Corporate Trustees.
- Trust provisions in addition to minor beneficiary age payable.
- Secondary Wills.
Please inquire if any of the above apply to you.
Contact McMurter & Associates
To meet with a member of our firm, send us an email or call us at 1-1-800-756-7138 or 905-666-9200 to schedule a consultation. Our lawyers serve Oshawa, and the Durham Region for powers of attorney.
