POAs are inexpensive but vitally important

A power of attorney is by far the most underrated instrument in the legal world. 

There are few documents a lawyer can draw up less expensively, and even fewer that end up being more critical in a client’s life.  

The only problem I find with POAs is that people don’t realize how much they need one until it’s  too late.  

POAs are designed to kick in when a person becomes incapable of handling their own affairs, which means you need to have them in place ahead of time. Once a person reaches the point of  incapacity, they can no longer sign a valid POA, which can leave family members in a very  difficult position. 

I recently got a call from a new client who learned the hard way how important it is to have all  your POA ducks in a row before the worst happens.  

Her spouse entered hospital for what they thought was routine treatment, but collapsed and  fell seriously ill on his way out, and now seems unlikely to ever be able to leave.  

In the meantime, without a POA in place, the woman has been cut off from bank accounts that  were in her spouse’s name only, and unable to access funds from a large windfall he secured  from a former employer.  

The family had been counting on the money for their future plans, but the man’s surviving  relatives could still face a long and difficult wait to get hold of it, since he did not have a will in  place at the time he fell ill and is likely to die intestate. 

As much as we might wish for a crystal ball to reveal when a terrible event might or might not occur, none of us can predict the future. 

But I can guarantee that your closest family members will thank you for having a POA in place  that allows them to take control of your affairs and get on with their own lives in the smoothest  way possible should disaster ever strike.  

There are two kinds of powers of attorney under Ontario’s Substitute Decisions Act, which  separates the functions between attorneys for property – who take responsibility for the  grantor’s finances, bank accounts and other personal property – and attorneys for personal  care, who handle decisions about health care, including nutrition, shelter, clothing, hygiene,  and safety. 

The same person doesn’t have to perform both roles, but each document carries extraordinary power, so make sure you choose people you have absolute faith in. 

An experienced lawyer can help grantors set the specific terms that work best for them,  including exactly when the POA takes effect and even guidelines for appointees to follow in  certain predictable circumstances.