Wills and Powers of Attorney
We prepare Will and Power of Attorney documents for residents of Chatham-Kent.
However, please note that this service has been suspended until the Covid-19 pandemic allows us to resume in-person services. You can still call our office in order to receive advice about these documents.
The following is information only. It is not legal advice.
What is a Will?
- A Will is a legal document that says what you want to do with your property and belongings (called your “estate”) after you die. It names the person you want to carry out the terms of your will (the “executor”). A Will is important because it makes it easier for those left behind to look after your estate. You decide who is to get your property. A Will can also name who you would like to be responsible for your children if they are under 18 when you die (called “guardianship”).
What is a Power of Attorney?
- A Power of Attorney is a legal document that gives someone else the right to act on your behalf and make decisions for you. The term “attorney” means the person or persons you have chosen to act on your behalf. Your chosen attorney does not need to be a lawyer. Usually you chose a friend or family member that you trust and who has agreed to do this for you. There are two kinds of power of attorney – Power of Attorney for Personal Care, and Power of Attorney for Property.
What is Power of Attorney for Personal Care?
- This is a legal document in which you name a person to make decisions about your medical care and other personal care when you become unable to make those decisions yourself. You may give a Power of Attorney for Personal Care if you are at least 16 years old and are capable of doing so. You are capable of giving a Power of Attorney for Personal Care if you are able to understand whether your named attorney has a genuine concern for you and that they may make personal care decisions for you, if necessary.
What is a Power of Attorney for Property?
- This is a legal document in which you name a person to make decisions about your money and other assets on your behalf. You can decide if the Power of Attorney for Property starts immediately or when you become incapable of making decisions about your finances. You may give a Power of Attorney for Property if you are at least 18 years of age and are capable to do so. You are capable of giving a Power of Attorney for Property if you understand the kind of property you have, the value of that property and the role of the person named as your attorney.
The Steps to Justice website also offers step-by-step information about wills, powers of attorney and other common legal problems.