EstateCoach

05/12/2026

An excellent and valuable resource.

There are two ways to obtain Guardianship of Property and they are VERY different...
Let's Talk About it... COURT VS APPLICATION PROCESS.

1) Through a judge in a court room👨‍⚖️
➡️ For the "Adult Guardianship" court process, the judge will almost always "court order" a "Passing of Accounts" every 2, 3, or 5 years. This means that the caregiver(s) who were granted "Guardianship" will need to submit detailed financial records to a court for approval demonstrating how they managed assets, paid expenses, etc. This process typically involves retaining a lawyer which can cost the Guardian $2,000- $10,000+ in legal fees etc. every time this is required.

VS.

2) Through an application process sent to the Office of the Public Guardian and Trustee (PGT)✉️
➡️ Every "Guardian" has a defined role and strict guidelines to follow and this includes keeping a very good record of how the Guardian managed the incapable adult's assets, expenses, etc. however a Guardian approved through the Office of the Public Guardian and Trustee does not have a mandated requirement for "passing of accounts". The Guardian is advised to ALWAYS be "prepared" to explain their actions, at any time, if they were to be contacted by the PGT.
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Guardianship of Property has become an ESSENTIAL step for Caregivers to take when caring for their incapable adult's property, and an ESSENTIAL step to ensure that the Caregiver's responsibilities are not stopped, delayed, or rejected because the necessary paperwork has not been completed / Guardianship of Property has not been obtained.
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If you are researching Adult Guardianship, please contact TBH legal / TBH admin today for more information!
🔵 https://tbhlegal.ca/adult-guardianship/
🔵 https://tbhadmin.ca/
☎️ 519-777-9303
📧 [email protected] or [email protected]
*Information applies to residents of Ontario, Canada 🇨🇦 Only.

04/28/2026

The only alternative in Ontario is Adult Guardianship of Property.

When an person who is at least 18 years of age has been deemed through a professional and certified mental capacity assessment, to be unable to responsibly make their own life decisions, then unfortunately, they will not be able to create and sign new power of attorney documents. This applies to Wills as well.

A Guardian of Property is an individual who is appointed to make financial and property decisions, and advocate for someone who is mentally incapable of doing so. Under Ontario law, the management of someone’s property is not subject to parental, spousal or family rights. Conferring these rights upon another person is not automatic. While Guardianship is very similar to a Power of Attorney since they share many comparable responsibilities and authorities, the process to obtain such documents is critically different.

The are currently only two methods to become appointed as Guardian of Property.

One method is to be appointed by a provincial court Judge. This typically involves the services of an experienced guardianship lawyer applying to court on the applicant’s behalf. This process could take up to a year and cost in excess of $10,000. Emphasis here on obtaining legal counsel with strong guardianship experience as the process is very niche.

The other method is bypassing the court and lawyers and applying directly to the Ontario Office of the Public Guardian and Trustee. Timelines can be shorter and less expensive. However, it is still wise and recommended to seek professional assistance navigating and understanding the detailed and precise process.

Fortunately, St. Thomas and Elgin County is blessed with an excellent professional experienced in Adult Guardianship. , a licensed paralegal and notary public, owns and assisting people with adult guardianship.

So yes, there is an option for an incapable person unable to make and sign a POA for Property. Guardianship of Property is available with the right help.

Estatecoach.ca is privileged to help with evening, weekend, online and mobile in-home service. Peace of mind doesn’t have to take a long time.

04/24/2026

Yes, and often are.

DNR, short for Do Not Resuscitate, refers to instructions for medical treatment and courses of action. Essentially, if certain medical conditions exist, then attending medical professionals are to only take specific actions, or more typically, none at all, hence “Do not resuscitate”.

These instructions can be included in a Power of Attorney for Personal Care to address what should be done due to terminal illness or injury. The instructions range from keeping one comfortable prior to imminent death without heroic measures to sustain life, up to specific instructions not to revive an individual at all due to metabolic failure or life ending injury.

Instructions should specifically indicate if basic or advanced cardiopulmonary resuscitation (CPR) is to be initiated with actions including chest compression, defibrillation, artificial ventilation, and resuscitation drugs etc. There are standard clauses which satisfy medical requirements.

It is important to note, a POA for Care is intended for long-term medical care decision making. It is not intended for life-saving, emergency care provided by First Responders due to an accident or medical event such as stroke or heart attack. First Responders are guided by procedures established by the Ministry of Health, not the Substitute Decisions Act which governs POAs.

First Responders can respond to a DNR Confirmation Form kept on a person, or posted in their home on the fridge in the event of injury or a medical event. Why and how would this form be used?

Imagine an individual suffers from a terminal illness and has decided when their health really fails, they do not want resuscitation. They accept death is inevitable and include DNR instructions in the POA for Care. The individual goes out shopping and suffers a heart attack in public. First Responders are called. What happens?

If the individual has a copy of their DNR Confirmation Form on their person, First Responders honour the form and do not perform resuscitation procedures. Without the form, even if the person happens to carry their POA for Care with them, which is highly unlikely and unwise, the First Responders are not obligated to follow the POA and resuscitation may be performed.

So yes, DNR instructions can be included in a POA for Care. However, if someone has concerns about their instructions not being followed due to a random event requiring First Responder attention, a DNR Confirmation Form should also be prepared and kept readily available.

Estatecoach.ca is privileged to help with evening, weekend, online and mobile in-home service. Peace of mind doesn’t have to take a long time.

04/21/2026

Under current provincial legislation, no.

MAID, short for Medical Assistance in Dying is governed federally by the Criminal Code of Canada with regulation and administration in Ontario by the Office of the Chief Coroner and Ontario Health at Home. Fulfilment is by licensed medical doctors or nurse practitioners.

Power of Attorney documents are governed by the Ontario Substitute Decisions Act, which currently does not recognize MAID instructions in POA documents.

MAID is administered with an entirely separate process and documentation, which typically begins with a discussion with primary medical care professionals. MAID requires decision making and approval only by the individual Requestor right from application time to approval to the final day of fulfilling MAID. The authority to request or enact MAID cannot be delegated to a substitute decision maker.

This means the appointed Attorney in a Power of Attorney for Personal Care does not, and cannot have authority to carry out MAID instructions even if the Requestor/Grantor wishes it.

Other instructions and wishes, such as Do Not Resuscitate [DNR] can be included in a POA for Care. More on that in the next article.

This information is for education purposes only. It is not an endorsement for or against a particular course of action. It simply reflects how particular processes impact one another.

Estatecoach.ca is privileged to help with evening, weekend, online and mobile in-home service. Peace of mind doesn’t have to take a long time.

04/16/2026

It is important to distinguish dementia does not automatically mean mental incapacity. There are many facets to this neurological condition.

Dementia is a massive topic with nuances and lifestyle impacts unique to each individual. It is essential to determine a timeline for an individual’s journey with dementia. When were they diagnosed? How is it impacting their life mentally and cognitively? Has mental incapacity already been deemed to have occurred? It raises the question of “testamentary capacity”.

The answer to the question of being able to sign is genuinely, “It depends.”

When someone has been deemed through a professional and certified mental capacity assessment as no longer able to responsibly make their own life decisions, then unfortunately, they will not be able to sign new, or amend, power of attorney documents. This applies to Wills as well.

When someone does have a dementia diagnosis, and has not yet been deemed to have lost their mental capacity, there are procedures for them to sign or amend their POA documents.

- The person must be assessed for mental "testamentary" capacity by a medical professional such as a doctor or registered nurse licensed by the province of Ontario to perform mental capacity testing.

- The assessment is ideally completed on the same day as signing, witnessing and notarizing the Will and POAs to ensure testamentary capacity can be proven if documents are contested in the future and for probate purposes.

- The actual documents should state why the alternative process is being used and who is involved.

- The documents must be signed, witnessed and notarized with a licensed notary present.
Ideally, the the Assessment Professional would act as one of the two witnesses.

- Previous diagnosis letters may not be accepted because there is a lapse between diagnosis and the time the Will and POAs are signed, which creates a legal question of whether testamentary capacity exists at the time of signing.

So yes, a process is in place to enable someone with dementia and “testamentary” capacity to sign new, or amend, power of attorney documents.

Estatecoach.ca is privileged to help with evening, weekend, online and mobile in-home service. Peace of mind doesn’t have to take a long time.

04/08/2026

Actually, every month should be “Make a Power of Attorney” month. While these two to three page documents are straightforward and simple, they are essential to manage personal risk, reduce potential family conflict, and express your wishes if you cannot.

There are two basic types authorizing someone you trust to manage and make decisions on your behalf if you are incapacitated and cannot give direction. The Power of Attorney for Property addresses your financial and property affairs. The Power of Attorney for Personal Care addresses your health and medical care. They are separate and both are vital.

Without these simple documents, decision making and care is left in limbo. This means family members, friends or anyone, can and must apply to provincial court to be appointed to make decisions for you. This causes delay and creates unnecessary legal expense.

Without these documents, your own personal values, wishes and instructions about your property and health care will be treated as unknown and may not be honoured because they haven’t been written down.

Perhaps you have never written these documents. Or, do not know where they are. Or, it has been years since you read them. Are they still valid? While every month should be “Make a Power of Attorney” month, at least take this April to move these documents to the top of your priority list.

If you’ve never written them, get it done. If you don’t know where they are, look for them. If you can’t find them, it’s like they were never written at all. If it’s been a long time since they were written, read them and make sure they’re still valid. Appointed attorneys get older, become ill, die, move away or do not want to let their name stand anymore. Or perhaps your circumstances have changed and you simply want to appoint someone else.

Now is the time to do it. Estatecoach.ca is privileged to help with evening, weekend, online, and mobile in-home service. Peace of mind doesn’t have to take a long time.

03/18/2026

Estate law recognizes everyone who has mental understanding and capacity to do so, has an inherent right to manage their financial and personal affairs by preparing Will and Power of Attorney documents as a Testator. Everyone. This includes people with physical limitations which prevent the person from signing their documents.

Barriers to signing could include arthritis, Parkinson’s disease, Alzheimer’s, stroke, other neurological disorders which affect muscle coordination and fine motor skills, literacy and language barriers, blindness or other visual impairment, and in the extreme, amputation or the absence of hands or limbs for other reasons. As long as the Testator is still has a sound mind with mental capacity to understand what they’re doing, they have the right to create Will and Power of Attorney documents.

So, how can signing be accomplished?

A signing Agent: The individual may authorize someone else to sign on their behalf.

“X” marks the spot: If someone can manage to make an “X”, they can do so.

Language interpreter: If someone speaks and understands another language and is not proficient in English, then an Interpreter must be present to read the documents aloud in the other language and explain what they mean. Someone else such as a Witness must also read the documents aloud in English.

Reading to a blind testator: A designated individual, usually a witness, reads the documents aloud, and then the visually impaired individual may authorize someone else to sign on their behalf.

In all cases, the Will, Power of Attorney and Affidavit of Ex*****on documents must include specific attestation clauses detailing the circumstances, the reason for alternative signing arrangements and measures taken to accommodate such, and the name of the specific individual appointed by the Testator to sign on the Testator’s behalf.

As in all signing situations, a notary and two witnesses who are not named in the documents must all be present and sign together. These specific clauses are necessary to reduce the probability of a claim of invalidation or declined probate by informing provincial court why the alternative signing procedure was utilized.

For answers to other Will and Power of Attorney questions, contact Estatecoach. Questions and consults are complementary.

03/12/2026

Buying a home is a landmark moment in life filled with anticipation, excitement, responsibility, and perhaps uncertainty. It should also incorporate long-term estate planning. This is true whether the home is your first or next. Purchasing a property is a significant life moment to trigger essential estate planning with a Will and Power of Attorney.

A Will provides your instructions about what happens to your assets when you pass away. A Power of Attorney is your authorization for a trusted person to manage your affairs if you are unavailable or unable due to incapacity. A house is usually the largest asset a person owns, and without clear instructions, it can become a source of stress, conflict, and legal expense for loved ones left behind. Here are three estate essentials to contemplate as you purchase a home.

#1 Title Registration: Property registered as joint tenants with survivorship means ownership automatically passes to the surviving spouse. Registration as tenants-in-common means the property is split and ownership does not pass automatically. It must be done through a Will. This is extra important for common-law partners because the Ontario Estate Act and Succession Law Reform Act do not recognize common-law relationships the same way as the federal CRA. This gets more complicated when no Will exists.

#2 Intestacy: When someone dies without a Will, transferring home ownership in common-law relationships is more complicated. Biological family members of the deceased take precedence. This means a deceased person’s children, parents, siblings and their children have entitlement before their surviving partner.

#3 Risk Management: Life is dynamic and nothing is guaranteed including our health. A power of attorney authorizes someone to execute financial and medical decisions if you are unable due to incapacity, or even just away on extended vacation. This could include paying bills, managing insurance claims, or maintaining the property during an illness or accident. Perhaps disaster like fire, flood or wind damage strikes while you’re away. Without these documents, loved ones could face costly and slow court approval to act on your behalf.

For home buyers, estate preparation is about protecting what you have planned for, and laboured hard to achieve. It is an expression of love and caring to take care of vital business.
Preparing a will and power of attorney as part of a basic estate plan can be simple and affordable, especially compared to the higher potential cost of legal complications later. Along with the joy of your home purchase, take the caring and responsible next step to prepare your estate documents.

This article is also published in the March edition of .thomas.

02/25/2026

Rachel provides excellent, caring service service and is one of the many Paralegal Notaries to whom I refer clients.

TBH legal is your Neighbourhood Notary Public serving St. Thomas, London & area.
WE HAVE-- Online Appointment Scheduling!
Book straight from our website https://tbhlegal.ca/commissioner-notary-public/ or CLICK HERE: https://tbhlegal.setmore.com

Notary Services Include:
🟡Commissioning documents
🟡Notarizing ie: Certify & attest a "True Copy" of a document
🟡Witnessing a document
🟡Certify & attest, the ex*****on of a document
🟡Oath &/or affirmation of a person

All services are In-Person, St. Thomas, Ontario. 🇨🇦
➡️All NEW clients will be required to fill out a Client Intake Form, and will be required to provide 1 piece of current, photo ID.

Learn more about TBH legal Notary Services & Pricing here:
https://tbhlegal.ca/commissioner-notary-public/

02/24/2026

Probate is the process of submitting a Will to provincial court so it can be validated by the government and the appointed Executor becomes authorized to carry out their responsibilities and follow the Will’s instructions.

Probate is required is most estate situations. Basically, if the deceased owned real estate property, then probate is required. Just about any financial institution requires probate before releasing their customer’s assets. It is a “fiduciary” responsibility they take very seriously. CRA, the Canada Revenue Agency, will also require it to process the deceased’s final tax returns.

Probate involves fees. There will be the estate lawyer’s fee for preparing the documents. An experienced estate lawyer is recommended because this really is not a DIY task. There is also the provincial government probate fee known as the Estate Administration Tax. It is calculated as 1.5% on the value of an estate above $50,000.

For example, a $600,000 estate will be charged $8,250 plus the lawyer’s fee, which is an average minimum of $1,500 in Ontario.

What if there is no Will? Again, probate is almost always required. If all assets are held jointly with survivorship and beneficiaries are designated in RRSPs etc, then probate might be avoided, but not always. In the case of someone who dies intestate, meaning without a Will, then probate court will appoint an Administrator who must then follow rules of the Ontario Succession Act to distribute assets.

Probate is an essential component of the estate administration process made easier when a valid, up to date Will has been created. If you haven’t got one, Estatecoach can help.

02/19/2026

Yes, in theory. A handwritten Will is known as a holographic will. Most provinces and territories in Canada may accept them as valid if they have been prepared properly and validated through the court probate process.

Key criteria for a holographic Will include:
Entirely handwritten by the Testator (the person who is making the Will);
A specific and intentional statement of the Testator’s instructions of how to dispose of all their property;
Signed and dated at the end by the Testator;
Witness signatures and a notarized Affidavit of Ex*****on are not required.

The most significant challenge for a holographic Will is validation through court probate. Probate is the process of provincial court reviewing the Will document, approving it as valid, and authorizing an Executor or Administrator to fulfill the Will’s instructions.

Most Wills, even formal notarized Wills need to be submitted for probate. Financial institutions hold this step very seriously. Certainly, when a handwritten Will is presented to a financial institution, they will require probate regardless of estate value. To them it’s just hand writing on a scrap piece of paper.

Holographic Wills receive close scrutiny. Even something as simple as using different coloured ink between the body of the document and the signature can invalidate the Will. (I’ve seen this)

One significant challenge in probate is proving the Will is actually in the handwriting of the Testator. If there were witnesses present, they will be required to attest to that fact. If there were no witnesses, proof becomes more complicated and could involve hand writing experts.

All in all, the no cost approach of handwriting a Will can become extremely costly and time intensive after someone dies.

So, yes, your sister is technically correct. However, seriously consider if trying to save a few dollars now is worth the risk of costly invalidation later for your family.