Frequently Asked Questions
Answers to common inquiries about legal services for seniors in Canada.
What is elder law and why is it
important for seniors?
Elder law focuses on legal matters
affecting older adults, including estate
planning, health care directives,
residential care, and age-related
rights. It ensures seniors and their
families have plans in place to address
changing needs and maintain dignity as
circumstances evolve.
How can I create or update my will
in Ontario?
To create or update a will in Ontario,
you must be at least 18, of sound mind,
and sign the document in front of two
witnesses. Our team guides you through
drafting clear instructions for
distribution of your belongings and
appointing an executor to carry out your
wishes.
What is the difference between a
power of attorney for property and
for personal care?
A property power of attorney appoints
someone to manage organizational and
legal affairs, while a personal care
power of attorney covers health care
decisions. Establishing both ensures
trusted individuals act on your behalf
if you are unable to make decisions
yourself.
How do I set up a health care
directive in Canada?
A health care directive, or living will,
allows you to outline treatment
preferences and appoint a substitute
decision-maker. Our lawyers help you
complete the required forms, explain
medical terminology, and ensure your
values are reflected in legal documents.
When should I review my estate
planning documents?
It’s wise to review your estate plan
whenever there’s a major life change
such as marriage, divorce, a new child,
or a significant shift in health status.
Regular reviews keep documents current
and aligned with your goals.
Can I protect my resources from
long-term care expenses?
While long-term care expenses are
common, strategic planning can help
preserve your estate. We explore tools
such as family trusts and public benefit
programs to manage potential care costs
while working to maintain financial
comfort for you and your loved ones.
What are guardianship and
trusteeship arrangements for
seniors?
Guardianship is a court-appointed role
to make personal care decisions when
someone lacks capacity, while
trusteeship covers property management.
Our firm assists with applications and
hearings to ensure fair representation
aligned with your interests.
How do legal services support
seniors facing housing challenges?
Seniors may encounter issues with
tenancy rights, long-term care
contracts, or retirement home
agreements. We review residence
agreements, negotiate terms, and address
disputes to help you maintain secure and
suitable housing.
What assistance is available for
retirement benefit planning?
While we do not provide organizational
advising, our legal team can clarify the
legal framework around public pension
benefits, government programs, and tax
implications, ensuring you understand
how to integrate legal documents with
your retirement arrangements.
How is capacity assessed in elder
law cases?
Capacity assessments are conducted by
qualified health professionals who
evaluate comprehension and
decision-making ability. Results inform
legal documents like powers of attorney
and can guide the court in support
applications when needed.
How can I include my digital
presence in my estate plan?
Digital presence planning involves
listing online accounts, passwords, and
instructions for accessing social media,
email, and cloud storage. We draft
provisions to appoint a digital
executor, ensuring your digital legacy
is managed as you wish.
Are there special estate planning
considerations for blended families?
Blended families face unique
distribution and guardianship questions.
We help you create tailored plans that
balance support for current spouses and
children from prior relationships,
reducing the risk of misunderstandings.
How long does the legal planning
process usually take?
The timeline varies with document
complexity and the need for customized
solutions. Most standard will and power
of attorney packages can be completed in
a few weeks, while more intricate
arrangements may require additional time
for detailed review.