If my spouse or loved one loses their mental capacity, won't I be able to take care of everything on their behalf?

You can if they have an Enduring Power of Attorney and a Personal Directive. Both documents work together to allow an appointment of a decision-maker when and if they become mentally incapable. A Personal Directive deals with an individual’s medical decisions, end of life care, and consent for placement in long-term care, among other things. Without it, a friend or family member may have to make an application to the Court of King’s Bench to be appointed as their guardian. An Enduring Power of Attorney deals with an individual’s decisions regarding finances and property.  It may be effective immediately or on mental incapacity or physical infirmity. Without it, a family member may have to make an application to the Court of King’s Bench to be appointed as their trustee.  Even where spouses hold their property in joint names, this authority is often necessary. To learn more about planning your estate, please contact us to find out more.