I am writing this because it’s something we don’t like to talk about and are reluctant to work on. If this helps one reader, it will have been worth it.

This year I turned 80 y.o. and my 102 y.o. aunt died; this has triggered some preparations for the future. My sister as an executor has been dealing with the wills of Auntie E plus that of Aunt A earlier. Her experience prompted her to suggest that I should get my final affairs in order and thus, make life a lot easier for my kids/executors when they have to deal with my final thoughts. So here goes.

My Tasks: before the event- while I’m still alive.

 Power of Attorney for Health – to make health decisions on my behalf

 Power of Attorney for Property – to manage my assets, financial and real

See examples below.

These two documents are meant to guide/direct those who have been chosen (My Attorneys) to make decisions on my behalf if and when am not capable to doing so myself. This could be a big deal because it gives someone else the power to make decisions about my health and possessions, including finances. I’m lucky because I have family members. If I wasn’t so fortunate, I’d have to consider asking a trusted friend or failing that a paid party such as Bank or Trust Company.

Things to think about.

 My Attorneys know me well and have a good grasp of how I think- principles, goals, and wishes. So if/when it comes to making decisions that we have not discussed in detail, they would make decisions similar to mine. For example, if my health deteriorates so much that the chances of enjoyable life are unacceptably low, I do not wish to be resuscitated using heroic means. Then I wish my organs to be donated for transplantation if their condition warrants, and the remainder of my body should be donated to Queen’s School of Medicine as a cadaver for teaching anatomy.

After my body has made its last contributions to medicine and teaching, its remnants should be cremated. Then I want my ashes scattered on Rhone Mountain in BC- at the summit if possible but anywhere near my childhood home would be acceptable.

Funeral- My family may wish to have a small funeral for closure. For my friends and extended family, I’d like them to enjoy a celebration of life with good food and drinks; it’s okay if they lie and say good things about me.

 I am telling my Attorneys where I keep my key documents and other useful tools (keys, passwords). Wherever possible, they have physical or electronic copies of resources that they might need.

Picture below- Rhone Mountain in 1965

Resources for readers.

Power of Attorney https://www.ontario.ca/page/make-power-attorney

Why do I need a Power of Attorney document (aka Living Will)? Answer. If something happens to me, for example an accident or illness that impacts my ability to make financial or health care decisions for myself, I’ll need someone else to make those decisions for me.

A power of attorney is a legal document that gives someone else authority to make financial or health care decisions for me. In my case, it is a family member as my attorney does have to be a lawyer.

My Tasks: after the event- after I die.

My will and ToDo list.

Will. https://www.ontario.ca/page/estate-planning-and-wills

A will is a legal document that describes my wishes upon dying, especially how to deal with property and personal possessions. If I were to die without a will, the state (Province of Ontario) assumes responsibility by default; it gets to decide how my estate is to be distributed. Basically, a stranger who knows nothing about me decides who gets possessions. In my will I have named my executors (my wife) backed up by my adult children, and their backup (a grandson).

Conventionally, people have their wills prepared by a lawyer although that is not mandatory. You can prepare a will yourself using an online tool, filling in a will kit or template or even writing a will by hand- called a holograph will. In some jurisdictions (BC and PEI) a holograph will is not acceptable. I have modified an older version of my will (written by a lawyer) and am having it looked over by a lawyer and financial advisor.

Executor duties:

• Arrange funeral and burial or cremation

• Deal with all my legal/financial contacts. This includes-

  • sources of money- pensions, salary, life insurance, investments

  • monetary obligations- taxes, subscriptions, property insurance, utilities

  • official documents- driver’s licence, health card, social insurance

  • payments that end when I die, like Canada Pension Plan (CPP), Old Age Security (OAS), income assistance, and disability insurance payments

• Inform beneficiaries about their entitlements.

Executors qualities:

• An adult (over 18 y.o.)

• Trustworthy

• Will live long enough to carry out my wishes

• Good sense of handling finances and logistical issues

• Lives close enough to handle the duties or can do so remotely using appropriate technology

• If readers cannot name executors , they can hire one (Trust Company or other party).

Helpful documents that I prepare before the event.

1. List of friends who may be informed of my death and should be invited to my last party a.k.a. celebration of life. Phone numbers and/or email addresses should be provided.

2. Spreadsheet or other document naming important contacts and their details.

See TODO list below.

Ensure that your family/executors have access to your will and documents for Power of Attorney for Property and Personal Care. Here are templates that I adapted from an Ontario government website.

========================================================================

Continuing Power of Attorney for Property (from https://www.publications.gov.on.ca/300975)

I, (Print or type your full name here.) revoke any previous continuing power of attorney

for property made by me and APPOINT: (name of appointed person) to be my attorney(s) for property.

If the person(s) I have appointed cannot or will not be my attorney I SUBSTITUTE (name) to act as my first backup and (name) as my second backup attorney for property with the same authority as the person they are replacing.

I AUTHORIZE my attorney(s) for property to do on my behalf anything in respect of

property that I could do if capable of managing property, except make a Will,

subject to the law and to any conditions or restrictions contained in this document. I

confirm that he/she may do so even if I am mentally incapable.

CONDITIONS AND RESTRICTIONS (optional)

Attach, sign, and date additional pages if required. (This part may be left blank.)

DATE OF EFFECTIVENESS

Unless otherwise stated in this document, this continuing power of attorney will

come into effect on the date it is signed and witnessed.

COMPENSATION

Unless otherwise stated in this document, I authorize my attorney(s) to take annual

compensation from my property in accordance with the fee scale prescribed by

regulation for the compensation of attorneys for property made pursuant to

Section 40 of the Substitute Decisions Act, 1992.

SIGNATURE: Your signature space here.

DATE (YYYY/MM/DD):

ADDRESS:

9. WITNESS SIGNATURES

Note: The following people cannot be witnesses: the attorney or their spouse or partner;

the spouse, partner, or child of the person making the document, or someone that the

person treats as their child; a person whose property is under guardianship or who has a

guardian of the person; a person under the age of 18.

Witness #1:

Signature:

Print Name:

Address:

Date (yyyy/mm/dd):

Witness #2:

Signature:

Print Name:

Address:

Date (yyyy/mm/dd):

Credit: www.vecteezy.com

========================================================================

Power of Attorney for Personal Care

I, (Print or type your full name here) revoke any

previous power of attorney for personal care made by me and

APPOINT: (name of appointed person) to be my attorney(s) for personal care in accordance with the Substitute Decisions Act, 1992.

[Note: A person who provides health care, residential, social, training, or support

services to the person giving this power of attorney for compensation may not act as

their attorney unless that person is also their spouse, partner, or relative.]

If the person I have appointed cannot or will not be my attorney , I SUBSTITUTE (name)

to act as my first backup and (name) as my second backup attorney for personal care in the same manner and subject to the same authority as the person they are replacing.

I give my attorney(s) the AUTHORITY to make any personal care decision for me

that I am mentally incapable of making for myself, including the giving or refusing

of consent to any matter to which the Health Care Consent Act, 1996, applies, subject

to the Substitute Decisions Act, 1992, and any instructions, conditions or restrictions

contained in this form.

INSTRUCTIONS, CONDITIONS AND RESTRICTIONS (optional)

Attach, sign, and date additional pages if required.

SIGNATURE _________________________________

(Sign your name here, in the presence of two witnesses.)

DATE (YYYY/MM/DD) :

ADDRESS:

7. WITNESS SIGNATURES

[Note: The following people cannot be witnesses: the attorney or their spouse or partner;

the spouse, partner, or child of the person making the document, or someone that the

person treats as their child; a person whose property is under guardianship or who has a

guardian of the person; a person under the age of 18.]

Witness #1: Signature: ____________________________________

Print Name:

Address:

Date (yyyy/mm/dd):

Witness #2: Signature: _______________________________________

Print Name:

Address:

Date (yyyyy/mm/dd):

========================================================================

TODO List

This sample spreadsheet lists all/most of the tasks for my Executors.

This sample spreadsheet lists tasks for my Executors.