Wills, Estate Planning & Represented Adults

Wills, Estate Planning & Represented Adults

MHR Law’s Wills and Estate Planning Group can help you plan for your future by providing reasoned legal advice to ensure your wishes are given effect in an efficient manner. MHR Law can help you prepare an Estate Plan that is right for you and your Family. We can offer assistance in a wide range of areas.

Preparation of your Will

A Will is a written document that enables the transfer of your personal and business assets upon your passing.

We can assist you in preparing your Will by:

  • determining who has legal claims against your Estate and how to properly deal with them;
  • guiding you in deciding who to appoint as the Personal Representative (Executor) of your Estate and the Guardian of any minor children;
  • showing you alternatives, such as testamentary or other trusts, to control the ultimate distribution of your Estate;
  • taking into consideration tax planning and other issues.

In our society of ever-increasing “mixed” or “blended” families and new legislative requirements, special consideration must be given to a wide range of matters when preparing a Will or other testamentary document.

You have worked hard to build up your Estate and the ultimate decision as to its distribution should be yours to make, not someone else’s.

Be sure to consider the importance of preparing an Enduring Power of Attorney and Personal Directive as well as your Will.

Preparation of your Personal Directive and Power of Attorney

MHR Law strongly recommend that, in addition to a Will, you sign an Enduring Power of Attorney and Personal Directive.In an Enduring Power of Attorney you appoints an “Attorney” to handle your financial matters if you are mentally or physically incapable of doing so yourself.In a Personal Directive you name an “Agent” to make personal decisions for you if a Medical Doctor determines you to be mentally incapable of making such decisions for yourself. This document is sometimes referred to as a “living will” as you can leave instruction for the withholding of life-prolonging treatment.Another important reason for signing an Enduring Power of Attorney or a Personal Directive is that your spouse is not automatically your legal representative, so if you lose capacity, no one can make these decisions for you without a Court Order. If an adult loses mental capacity and does not have Enduring Power of Attorney or a Personal Directive, an application must be made to the Court of Queen’s Bench to appoint a Trustee and Guardian to make financial and personal decisions for the incapacitated person. This is a costly and time-consuming process that can avoided by executing an Enduring Power of Attorney and a Personal Directive.Don’t you want to be the one to decide who can make these important decisions for you?

Represented Adults

If an adult loses mental capacity and does not have Enduring Power of Attorney or a Personal Directive, an application must be made to the Court of Queen’s Bench to appoint a Trustee and Guardian to make financial and personal decisions for the incapacitated person. This is a costly and time-consuming process.If a person has been mentally incapacitated from birth or has lost capacity prior to age 18, upon that person becoming an adult, an application must also be made to the Court of Queen’s Bench to appoint a Trustee and Guardian to make financial and personal decisions for the incapacitated person.