Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Loved Ones May Be Moved More Easily Than Their POA Documents

Loved Ones May Be Moved More Easily Than Their POA Documents

By:

Posted January 6, 2022

We often focus on our client’s particular circumstances and assets when we meet to discuss estate planning.  A topic that should not be overlooked is a client’s appointment and responsibility for others under powers of attorney for care and or property.

Given the times we live in it is often the case that family members are spread across the province, the country and the world.  Location, location, location is not only important in real estate matters but also in estate matters.  The focus when drafting is often on where the appointed POA lives and their location may have a significant impact on the choice of attorney. Sometimes there is no other choice to be made and the client is content to deal with the issues which arise with having an attorney in another jurisdiction.  Generally speaking, taxation issues aside, a power of attorney document drafted for a resident of Ontario, with an attorney located outside of the province will be valid and recognized.  So why am I blogging about this?

When my mother was failing I wanted her to live closer to me as I could not relocate to where she lived and continue with my practice.  I expect this is the case for many family members.  When acting as POAs we often want to be close to our family member.  If we can’t move to where our family member lives we often enter into the discussion of moving our family member to our location.  If the family member is still capable then they should immediately update their powers of attorney to be compliant with the legislation in the province to which they have been relocated.  If the family member is no longer capable then I suggest before organizing a move the POA consults with a lawyer in the jurisdiction where the family member will take up their new residence to determine whether the family members existing documents will be recognized and if not recognized, what if any alternatives are available.  Relocating is a monumental task and should not be undertaken without doing proper due diligence to avoid any unfortunate consequences.

As I note above, many changes associated with the vagaries of life make it sensible to take a 360 view at potential practical but also legal consequences.  Ensuring that we have a grip on potential technical issues in the protection of our loved ones is one of them.

This blog post was written by Heather Austin-Skaret, a Partner in the Wills and Estates, Estate Litigation and Real Estate teams.  She can be reached at 613-369-0356 or at Heather.Austin-Skaret@mannlawyers.com.

More Resources

Blog |
Business Law
By: 
Can the use of a “thumbs-up” emoji in a text message create legally binding obligations? Last summer’s decision by the Saskatchewan Court of King’s Bench,[...]
Blog |
Real Estate
By: 

Posted June 26, 2024

A 2023 Ontario Superior Court case, Lake v Cambridge (City), 2023 ONSC 5200, confirmed that a purchaser is entitled to complete a transfer relying on[...]
Blog |
Business Law
By: 

Posted June 18, 2024

This is an update on my earlier blog posted in 2022 titled “New Requirements for Private Federal Corporations to Report Individuals with Significant Control Coming[...]
Blog |
Estate Litigation
By: 

Posted June 11, 2024

“For it is in giving that we receive.” –Francis of Assisi Many of us grew up hearing this mantra. Good people give back. Generous people[...]
Blog |
Real Estate
By: 
What is title? “Title” is a legal term for a person or company’s rights of ownership in a private property. This is different from a[...]
Blog |
Wills, Trusts and Estates, Business Law, Real Estate
By: 

Posted May 28, 2024

The recent announcement from the Federal Government regarding an increase in the capital gains inclusion rate for individuals, trusts, and corporations has sparked significant discussion.[...]
Heather Austin-Skaret

Heather Austin-Skaret

My practice includes estate planning and administration as well as commercial and residential real estate work. I value my long standing relationships with some of Ottawa’s leading real estate agents and mortgage brokers. I enjoy sharing my knowledge and experience with others and enjoy giving presentations and seminars. Over the years, I have developed extensive experience in the area of estate planning and administration, which allows me to assist clients at some of their most difficult times.  I am constantly updating my knowledge as a member of S.T.E.P. and the Ottawa Estate Planning Council. As a true Maritimer, born in Springhill, Nova Scotia, I, of course, headed west. I started my university career at the University of Saskatchewan and then started inching my way back east, stopping to attend and complete my undergraduate at the University of Manitoba in 1990 with a Bachelor of Arts (Honours). I then moved to... Read More

Read More About Heather Austin-Skaret

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.