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Cover
the Legal Issues
Urge
your parents to formally record or update their wishes concerning
care should they become mentally or physically incapacitated.
And determine how they want to distribute their property upon
death, otherwise, the estate would be subject to the dictates
of provincial law. They'll need three key documents:
Continuing
(or durable/enduring) Power of Attorney for Property.
This allows the parent to authorize a trusted person to make financial
decisions. For example, you could cash pension cheques and pay
bills for your mother if she became ill. Without a Power of Attorney,
you must apply to the courts for guardianship. This can be a lengthy
and expensive process to simply give you the legal right to look
after a loved one.
Power
of Attorney for Personal Care. This is similar to the Power
of Attorney for property, but it also authorizes someone to make
decisions about health care, nutrition, hygiene, shelter, clothing
and other concerns.
Will.
A legal will is the best way to ensure that property is distributed
as intended after death. Otherwise, the provincial courts
determine the distribution of assets - and dear friends and
favourite charities could be left out entirely.
It's
generally best to have a lawyer draft the will. Your financial
advisor can recommend one and may have suggestions for saving
tax and probate fees. Lawyers usually charge fees for wills
and typically include Powers of Attorney as part of their
services. By taking the time and spending the money necessary
to properly organize your parents' affairs you can avoid unforeseen
expenses and stress later on.
  
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