Firm News: 40% of our lawyers recognized by Best Lawyers
Monday March 2, 2020

The Appointment of Substitute Decision Makers

Authored by: Luke C. Godin Posted in: Wills & Estates

Creating an enduring power of attorney and the Adult Capacity and Decision-Making Act

Over 51% of Canadians do not have a will. This is concerning. Equally troubling is that an even higher percentage of Canadians have not properly planned for the possibility that they may one day lose the capacity to make decisions for themselves. The reality is that if a person is no longer able to make decisions for themselves, and they have not appointed an alternate decision maker, the people who know them the best will be unable to assist them in making decisions related to their health care, personal affairs, financial or legal needs. For this reason, creating an enduring power of attorney (a document that typically appoints a substituted decision maker in the event of incapacity) is an important consideration in any estate plan.

If an enduring power of attorney is not completed while a person has capacity, or if a child is never able to appoint a substitute decision maker due to their age, a Court application is required. In Nova Scotia, such applications are made under the Adult Capacity and Decision-Making Act. These Court applications can be both complicated and time consuming. Our experienced team of lawyers can guide you through this process. We offer flat rate legal fees for applications under the Adult Capacity and Decision-Making Act.  

If you are interested in meeting with a lawyer to complete or update your estate plan, or if you need to make a Court application to be appointed as a decision maker for another person, please contact Luke C. Godin or any member of our Estates Team.

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Wednesday February 24, 2021

Who Owns the IP? Is it the Employer or the Employee?

Posted in: Business Law

Intellectual Property (IP) ownership rules determine whether an Employer or an Employee holds rights to the creation at hand. Although IP covers a broad range of federal laws and statutory rights, the three most relevant to Employers in Canada are Patents, Copyright and Trademarks.

Read full article
Blog Post | Wednesday February 17, 2021

Trademark Usage: Simple Rules of the Road

Posted in: Business Law

The display of trademarks causes a tension between legal requirements and marketing priorities. It often requires a delicate balancing of trademark notices and visual appearance considerations.

Read full article