For many, selecting powers of attorney for their Estate Planning is something they try to do to keep it “fair” for the family. For example, if a couple has 3 kids, they will elect all kids in some capacity to act as an attorney so that everyone has a role to play.
What’s the problem with that? What if not all kids are financially stable or has mental health or substance abuse issues. What if one of the kids does not live in the same province, or country as you, that would make acting as an attorney on your behalf very difficult.
You want to ensure that you pick someone you know well, especially when it comes to selecting power of attorney for personal care. These documents give someone the legal ability to act and make decisions for you (except for making a will) should you not be able to do so. As the attorney will be making your personal care decisions, you want peace of mind that they will make healthcare decisions on your behalf when you can’t. The decisions involve your quality of care and possibly decisions about the use of life support, so choosing someone who can handle the emotional stress is important.
It’s never pleasant to have to think about planning for future sudden illness or accidents, but making this decision now will be for the best for everyone. No on will have hurt feelings so we need to let go of that “keeping it fair” mentality.
Christine Allan
Firm Operations Manager and Sr. Law Clerk