Powers of Attorney are vital, yet often overlooked parts of managing one’s personal and financial affairs. There is a tendency to speak of estate planning in terms of wills, life insurance and taxation, but having effective Powers of Attorney is equally important. In fact, they may be even more significant, because unlike a will, a [...]

Specific references in this article are to the statutes of the province of Nova Scotia. Readers should be aware that Powers of Attorney are subject to provincial legislation and should seek out legal advice in their province of residence.

Powers of attorney and health care directives form an important part of a properly planned estate. In [...]

The role of an attorney carries with it the fiduciary power to alter the legal position of the principal. Therefore common law imposes on an attorney certain obligations in the performance of their duties.
As a fiduciary, an attorney must:

avoid conflict of interest with the donor;

not influence or revoke the will of the donor.

maintain accounts;

exercise reasonable [...]

One acting under a power of attorney for personal care can make health care decisions for a donor when he or she is incapable of doing so.

A Power of Attorney for Personal Care has its authority in the Substitute Decisions Act. This power of attorney appoints someone to make decisions for personal care in the [...]

In the absence of an attorney for personal care, an individual can draw up a Health Care Directive that his or her doctors will be legally required to follow.

A Health Care Directive can ensure that one’s wishes are followed in the event of incapacitation.
A Health Care Directive is a document drawn up to provide instructions [...]