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Do I need a Will?

9/8/2016

 
Some lawyers will tell you that EVERYONE needs a will.  That might be a bit of an over-generalization.  If you don't have anything, you may not need a will.  But, if you have anything, or have children, or want to be specific about what will happen to your body after you die, you should definitely have a will.

Wills are basically instructions that set out where your belongings should go when you die. They can also contain instructions for what should happen to your body, who should look after your children, and when your children should receive their share.

Even if you have nothing and no family, you should have a Personal Directive and Power of Attorney.

A Personal Directive and a Power of Attorney are sometimes called a "Living Will". These contain instructions for what should happen if you become incapacitated, but you are still alive.

A Personal Directive deals with how you want to live when you become incapacitated. You can select who will make personal decisions about where you live, who you live with, and whether or not you want to be kept alive by artificial means.

A Power of Attorney deals with your things when you become incapacitated.  You will need someone to look after your property, your bank accounts and investments, and even your animals.

If you become incapacitated and don't have a Power of Attorney or Personal Directive, either the provincial government or one of your loved ones may apply through the courts for Guardianship or Trusteeship.  This may cost many times what a Personal Directive and Power of Attorney would have cost.  And, you may not have a say in who makes decisions for you, or what your wishes are.

If you need help to apply for Guardianship or Trusteeship of a loved one, I can help.

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    While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.

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