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Wills & Estates

Power of Attorney for Property

This legal document allows you to appoint someone to act on your behalf and manage your financial affairs if for some reason you are unable to do so. You can specifically set out how you would like certain aspects managed and the person whom you chose to appoint must always act in your best interests.

It is important to carefully think about who would best manage your financial affairs.

If you do not have a Power of Attorney for Property and you lose capacity, your loved ones may apply for Guardianship through the courts, which is costly and time consuming. In the alternative, the Office of the Public Guardian and Trustee will make decisions concerning your financial affairs.

Power of Attorney for Personal Care

This legal document allows you to appoint someone to act on your behalf and make decisions concerning your health and medical care. This document may also contain specific directions or wishes about future personal care and treatment.

It is important to carefully select who you appoint and generally it is common practice to appoint family members as these individuals have the best understanding of your wishes regarding health care, nutrition, shelter, clothing, hygiene and/or safety.

You may consider appointing the same person in both your Power of Attorney for Personal Care and Property and there are both advantages and disadvantages to doing so.

Wills

Having a will is very important. This sets out how your assets are to be divided. You can also set out who you and your spouse choose to look after your children. This is something that should be the same in both parents’ wills. You should vary your will when you get married, divorced, have children or when your assets significantly change.

It is important to have a will drafted by a lawyer so that you understand the legal impact of your will and to ensure it is valid in order to avoid any issues or disputes in administering your estate. It is also important to draft your will so that certain assets avoid probate. With the assistance of a lawyer in drafting your will, you can effectively organize your affairs and set out your wishes. This increases the chances of a smooth estate administration without dispute or court involvement.

Estate Administration

It is important if you have been appointed as a Trustee either by a Will or the Court, for you to fully understand your duties as an Estate Trustee. You may also require legal advice and assistance when it comes to administering and dealing with the estate’s assets in accordance with the Will.

Services

  • Power of Attorneys for both property and health
  • Wills – primary and secondary wills
  • Administering of Estate
  • Probate
 

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Disclaimer: By filling out this form and requesting an initial consultation, it does not result in Swan & Saenz LLP being retained as your lawyer. Swan & Saenz LLP is not retained as your lawyer until you have met her in person, signed a Retainer Agreement and provided her with a monetary retainer or Legal Aid Certificate.

Contact

The Law Office of Swan & Saenz LLP is located on the 14th floor of 25 Main Street West, Suite 1415.
This is a high rise building located right next to the Family Courthouse.

Parking

Parking is available behind the office building.

 

Address & Information

Swan & Saenz LLP
25 Main Street West
14th Floor, Suite 1415
Hamilton, Ontario L8P 1H1

Tel: 905-769-0805 Hamilton
Tel: 905-695-0948 GTA
Fax: 905-481-2433

Email:
Jennifer Swan – jswan@swanlawfirm.ca
Jorge Saenz – jsaenz@swanlawfirm.ca
Colleen Morrow (law clerk) – cmorrow@swanlawfirm.ca


Disclaimer:

The materials on this web site are provided for general informational purposes, only, and not for the purpose of providing legal advice and should not, therefore, be relied upon. There are no representations or warranties made as to the accuracy or substantive adequacy of any information provided in this web site. The information on this web site is subject to legislative change and changes in judicial interpretation and may be incomplete or no longer current.

Use of and access to this web site or any of the e-mail links contained within the web site do not create a lawyer-client relationship between Swan & Saenz LLP and the user. THE USER SHOULD CONTACT HIS OR HER LAWYER TO OBTAIN ADVICE WITH RESPECT TO ANY SPECIFIC ISSUE OR PROBLEM.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship