An interactive session on advanced care planning, open to the general public, was hosted by the Seniors’ Centre for Excellence on May 24 at the Maryborough Community Centre. Guest speakers for the evening, community engagement lead Jessica Hutchison and lawyer Mary-Lou Fletcher, lead informative sessions around necessary planning.
Hutchison, who works with Hospice Waterloo, began her presentation asking audience members if they were in hospital, too ill or injured to speak themselves, would they know who would make their health care decisions?
She also asked:
– does your family know your wishes;
– will they make decisions for you the way you would like; and
– would you make decisions for a family member in a situation like this?
In Ontario, health care workers require informed consent from a patient before medical care is undertaken. Each patient is assessed for their capacity to understand the procedures to be performed and the consequences of the care about to be provided. Substitute decision makers are legally allowed to make decisions, if the patient is incapable. In life threatening situations, permission is not required.
“By law, every person in Ontario automatically has a substitute decision maker,” Hutchison said.
“This is your closest living family member, unless a power of attorney for personal care has been legally appointed. Substitute decision makers must be willing to accept the role, be available when decisions need to be made, be capable of providing consent, are 16 years of age or older and are not prevented by a court order or separation agreement from acting as a substitute decision maker.”
She suggested that when choosing a substitute decision maker, pick an individual who would make decisions the way you would make them, someone who would follow through on previously expressed wishes and would act in your best interest.
The types of decisions made by a substitute decision maker include long term care placement, consent or refusal of medical tests, procedures or surgery, beginning of or withdrawal of life prolonging measures, and engagement in conversations with health care professionals.
“Decisions are not always about end of life situations. They can also be about feeding tubes or dialysis. In decision-making, focus more on the quality of life and less on the medical side. The quality of life is difficult to define, but we know when we don’t have it,” Hutchison said.
Local lawyer Mary-Lou Fletcher spoke on the legal aspects of power of attorney for personal property and wills.
“A general power of attorney for property involves all legal and financial decisions made during a person’s life for a person who may be unable physically to make decisions,” Fletcher said.
“This includes someone who is physically out of the country and not returning.
“The document also allows the decision maker to handle affairs with government institutions like the Canada Revenue Agency.”
She stressed that you must trust the person you choose implicitly as the power of attorney is the “most powerful” document you will ever sign.
This document gives all the power to one individual. Abuses of that power has occurred, so choose carefully, she cautioned. A spouse is a common substitute, with children next on the list.
When a power of attorney is legally drawn up, it is stored in the lawyer’s fireproof vault until needed.
“A power of attorney at a bank is only useful at the bank and not for anything else. A general power of attorney works at the bank, with the Canada Revenue agency and wherever needed. A person named in a power of attorney cannot change an individual’s will or beneficiaries in any way,” Fletcher stated.
Where no power of attorney is in place, the Public Guardian and Trustee office in Hamilton takes control of the case. This organization hires other companies to handle all appraisals, property sales, bill payments and charge a percentage for performing these duties.
In Ontario, a living will refers to a power of attorney. Will kits costing $29.95 are not recommended as these documents are usually incomplete or improperly filled out. Each page must be initialed by the individual and witnesses. Wills completed online sometimes have pages added to them, making them void. Anyone can access an online will and make changes.
Hand written wills must be signed and dated and witnessed by two separate witnesses that are not spouses, beneficiaries or spouses of beneficiaries.
“Not having a will can prove disastrous. Your estate will not necessarily go to where you want it to. Litigation can go on for a number of years, using up all money in legal fees and court costs,” Fletcher said.
“Keep everything as simple as possible when choosing executors and beneficiaries. Your will is essentially the last words you leave to your children. After you are gone there is no time to make repairs around what you’ve written in the will.”
Fletcher also suggested to remember that money given to minors, must be put in trust and advised anyone making a will to use an executor with good administrative skills who is willing to take on the position.
As of January 1, 2015 the Ontario government changed its rulings on probate taxes payable upon the death of Ontario residents.
More information on the changes are available by contacting a lawyer.
Those involved in the agricultural field should check with a lawyer on the correct procedure for farm businesses.
