Wills, Trusts & Incapacity Planning

In the unfortunate event that a person becomes incapable of managing their property or becomes incapable of making their own personal care decisions, a person can apply to be appointed as the incapable person’s guardian of their property or person. The decision by the court to appoint a guardian is very serious as it leads to reducing a person’s autonomy and their right to make decisions. As a result the guardianship application process must be strictly followed. Our team assists with guardianship applications including filing all the necessary application documents with the court and developing a guardianship plan.

The Personal Directives Act enables you to appoint a person to give consent or directions respecting personal care matters which may be required for you at a time when you lack the capacity to give consent or directions. This is what many people consider to be a “living will”. Under the Personal Directives Act, the term “Personal Care” includes health care, nutrition, hydration, shelter, residence, as well as admission to a continuing care facility, clothing, hygiene, safety, comfort, recreation, social activities and support services. We can advise you on the contents of a Personal Directive. We provide comprehensive advice and assistance in preparing a Personal Directive.

The Social Assistance Act exempts your assets when an accounting is made to calculate your ability to pay nursing care costs; income is the only consideration. It is very important that you make yourself aware of your options several years before any move to a nursing home or before you sell your home in anticipation of a move to a nursing home or an apartment. Speaking to a lawyer will ensure that you are aware of your options and the implications before making a significant life decision.

A Power of Attorney is a document that appoints a trusted person to make some or all of the decisions that concern the management of our affairs.  The power is enduring when the person appointed can act or continue to act after the person who gave the power has become mentally incapacitated. If you are incapacitated without having a Power of Attorney, someone (a family member, friend, advisor, etc.) will be required to make a guardianship application to be appointed by the Court to act on your behalf, which can be costly, stressful and time consuming during an already difficult time.

When an estate is formally administered at the Probate Court, the extent of the deceased persons assets become public knowledge.  For some, this is an important consideration for their estate planning needs. Our experienced team can advise the best way to ensure your private matters remain private.

There are important tax considerations when writing a will as you do not want your children or other beneficiaries to bear heavy financial burdens. But with knowledge and careful planning the tax consequences upon a death can be lessened or mitigated. Our approach to estate planning is to ensure that we understand all of the variables that may affect your estate planning, including assets, liabilities, family structure, and family members not included in the estate. This thorough approach ensures that we have all of the information we need to appropriately advise you.

Trusts provide a mechanism for clients to control what happens to their assets, before and after death. Trusts can serve a variety of purposes, from facilitating tax planning strategies to providing for the post-secondary education of children. In establishing a trust, two of the most important considerations are the location of the assets and the location of the trustee. It is important that an experienced lawyer review the trust indenture and ensure it complies with Nova Scotia law so that everything you want to happen with your assets, does happen, without unintended consequences.

A will sets out what happens to your assets upon death. It can also provide for the guardianship of any minor or dependent children. Anyone over the age of majority can benefit from having a will prepared. Not only is it a flexible way to provide evidence of your wishes but it can reduce the stress and uncertainty for family members and loved ones after you have passed.

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