Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Packing for School?  Don’t Forget Your Powers of Attorney

Packing for School?  Don’t Forget Your Powers of Attorney

By:

Posted August 13, 2018

As university and college students pack their boxes and cars to head off to a new and exciting year, they are likely thinking about their class schedule, frosh week, and what their plans are for Thanksgiving break. One thing they (and, perhaps, their parents) are most likely NOT thinking about is estate planning.

Most university and college students are at the age where they are considered adults and the rights of a parent to make decisions for an adult child can be limited.  For instance, parents may no longer have the legal right to access a child’s education, financial, and health records.

To address this matter, we recommend discussing this independence under the law with your college-aged child.

In addition, it might be best for your student to implement Powers of Attorney (POAs).

A power of attorney is a legal document whereby you appoint someone to make decisions on your behalf while you are still alive. There are two kinds:

  • the POA for personal care allows you to appoint someone to make decisions regarding matters such as hygiene, shelter, food and medical care when you are deemed unable to do so; and
  • the POA for property which grants someone the power to take care of your financial/legal matters (except making a will) either while you are capable or while you are not (you get to decide).

Why would this be important?  Suppose your child had an accident or illness while away at school. Without authorization provided by a POA for personal care, you may not be able to easily access information about their health situation. If they are in an accident and have separate bank accounts and bills to be paid, you would not be able to access their accounts and take care of their financial needs without a POA for property. If your child has insurance needs, traffic court issues, or anything else that needs to be taken care of at home while they are away, you may need a power of attorney in order to assist them in taking care of these things. The powers of attorney can also clarify which parent is to make decisions or if the decision making is to be shared.

There is no need for your child to fear that by signing these documents they are giving up their independence. Having properly drafted documents is a very mature and “adult” thing to do, and the documents can easily be updated as they marry or have other changes in their life.

So as you are packing your child off to school (or simply celebrating their 18th birthday), don’t forget to add powers of attorney to that long list of things to get done!

This blog post was written by Diana Tebby, a member of the Real Estate and Wills and Estates teams.  She can be reached at 613-369-0384 or at diana.tebby@mannlawyers.com.

More Resources

Blog |
Employment, Labour, and Human Rights, Commercial Litigation

By: 

Posted May 23, 2023

Both in my commercial and employment litigation practice, I encounter Ontario business owners faced with serious charges laid against them under the Provincial Offences Act[...]
Blog |
Family Law

By: 

Posted May 18, 2023

The recent Supreme Court of Canada decision in Anderson v. Anderson, 2023 SCC 13, provides guidance on domestic contracts and the enforceability of an informal[...]
Blog |
Environmental Law

By: 

Posted May 16, 2023

When many people think of contaminated sites, they think of the usual suspects such as industrial properties and gas stations.  They may not think of[...]
Blog |
Business Law

By: 

Posted May 9, 2023

Often business owners reach a point where they are considering the sale of their business either through the sale of shares or the sale of[...]
Blog |
Family Law

By: 

Posted May 2, 2023

Overview of Tort Claims in Family Matters Tort claims can be made in family law matters, so as to prevent a multiplicity of proceedings and[...]
Blog |
Employment, Labour, and Human Rights

By: 

Posted April 25, 2023

In a case that recently was decided from the Court of Appeal of Ontario called Celestini v Shoplogix Inc., 2023 ONCA 131, the Court had[...]

Subscribe to Our Newsletter

"*" indicates required fields

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