Generally a divorced ex-spouse does not inherit via the Will of a deceased ex-spouse nor under intestacy laws. Any mention of a surviving spouse in a Will which was signed before the date of the divorce is treated as though the surviving ex-spouse had died first. This has the effect of cutting out the surviving ex-spouse. A divorced spouse appointed as an Executor by a Will dated before the divorce is legally not allowed to act as Executor. If a Will was signed after the date of the divorce, any provision for an ex-spouse is valid including the appointment of the former spouse as an Executor. (more…)
Archive for the ‘Power of Attorney for Personal Care’ Category
What is the Effect of Divorce on an Estate and on Powers of Attorney?
Wednesday, August 25th, 2010
What is the Effect of Marriage on a Will and Powers of Attorney?
Wednesday, August 11th, 2010If you marry after signing a Will and if there is no mention in your Will that you were ‘contemplating marriage’ to your new spouse, your Will is effectively revoked by your marriage. The new spouse has the option to allow the Will to stand but this is rarely to the advantage of the new spouse. If you intend to marry or re-marry, you should review and possibly re-sign your Will with a special ‘in contemplation’ clause to ensure that your Will remains valid.
Re-marriage generally has no effect on an existing Power of Attorney document in which you appointed a former spouse (married or common law) as your substitute decision-maker. If you do not wish a former spouse to act under an existing Power of Attorney, revoke the document in writing or sign new documents which appoint someone else and, at the same time, revoke the previous documents. You must also notify any institutions, financial planners, and other professionals that you have revoked or signed a new Power of Attorney document.
Power of Attorney for Personal Care: The Basics
Sunday, May 23rd, 2010Last week, I discussed the basics of a Power of Attorney for Property. This week I will focus on a related, and equally important, document, a Power of Attorney for Personal Care (POA PC).
A POA PC allows the person(s) you have named to make medical treatment and personal care decisions for you but only if you are mentally incapable of making the decision yourself. There are different tests for mental capacity depending upon the decisions that must be made: (more…)
Taking Back Personal Care Decision-Making Power
Tuesday, August 11th, 2009
Question
If I become seriously ill and incapable of making medical treatment and other personal care decisions for myself, I understand that the person that I have named as my attorney for personal care has authority to make such decisions for me (subject to any conditions in the document which appointed the person). If I later recover enough to make those decisions on my own, how do I take back decision-making power? In other words, how do I “turn off’” or stop my attorney for personal care from making decisions that I am now able to make myself. I live in Ontario, Canada. (more…)