Wills, Personal Directives and Enduring Power of Attorney

WILLS

A Will is a direction for the distribution of your property and the appointment of a guardian for your minor children upon your death. If you do not have a valid Will at the time of your death, then your property will be distributed according to the Intestate provisions of the Wills and Succession Act.

ENDURING POWER OF ATTORNEY

An Enduring Power of Attorney gives authority to a person that you choose to manage your financial affairs even if you become mentally incapacitated. An Enduring Power of Attorney can take effect either when it is executed OR if you become mentally incapable of managing your affairs at some time in the future. If a person becomes mentally incapable of managing his/her financial affairs and had not executed an Enduring Power of Attorney, then a Court application is required to have a Trustee appointed pursuant to the Adult Guardianship and Trusteeship Act.

PERSONAL DIRECTIVE

A Personal Directive gives authority to a person that you choose to make personal and medical decisions on your behalf. A Personal Directive can only take effect if you become mentally incapable of managing your affairs. If a person becomes mentally incapable of making personal decisions and does not have a Personal Directive, then a Court application is required to have a Guardian appointed pursuant to the Adult Guardianship and Trusteeship Act.