If you have drafted a power of attorney, written a will, and noted down your medical wishes, the next most important step is to ensure that your family can find these documents when they are actually needed. Documents serve their purpose not by remaining in a drawer, but by being within reach of those who need them.
1. Place the original in a safe and easily accessible location. The Ontario Guide recommends keeping powers of attorney in a secure location that can be quickly accessed in an emergency, and informing your agent of the storage location. It is advisable to avoid safes that only you can open or combination boxes known only to you. This is because a place that your family cannot open when you are sick is as good as non-existent.
2. Decide in advance who to give the copy to. It is advisable to provide a copy to the designated representative and, if necessary, share it with those who will actually review the documents, such as family members, attending physicians, and long-term care facilities. If you have replaced the old power of attorney with a new one, you must also inform those who reviewed the old document of the change to avoid confusion.
3. Each document has a different role. A personal care power of attorney is effective when the individual is unable to make specific medical or care decisions, while decisions regarding property are handled by a separate property power of attorney. The power of attorney expires upon the individual's passing, and subsequent matters are handled by the executor designated in the will. If the family knows that the documents consist of a bundle rather than a single sheet, they will not get lost trying to figure out where to open them in an emergency.
4. Check again every few years, and after major changes. It is advisable to review the documents if there are changes such as a name change, the death or relocation of an agent, marriage or divorce, or moving to another state. Since handwriting corrections can cause confusion or invalidity, it is safer to create new ones when making changes. Please also remember that you can only make changes while you have the capacity to make sound judgments.
Preparing documents is a matter of mental preparation, and informing others of their storage locations is an act of consideration for your family. Simply writing down where the documents are and to whom you gave copies this evening will lighten your family's burdens considerably. This article is for general informational purposes only and does not constitute legal advice regarding specific situations.
Source: CLEO (Community Legal Education Ontario). This information was compiled by referring to the guidance on drafting a power of attorney and the Ontario power of attorney guide. Reference Link: CLEO — Instructions after drafting the Power of Attorney https://dev2.cleoconnect.ca/wp-content/uploads/2021/11/My-Power-of-Attorney-is-Complete-—-Now-What.pdf / Ontario Private Care Authorization Guide https://www.notarypro.ca/legal-templates/free-power-of-attorney-drafted-for-you/ |