Download our Estate Planning 101 worksheet
Use this worksheet throughout the webinar to help make the process of creating your will simpler!
Please note: Willful is not a law firm and cannot give legal advice on specific situations.
Navigating POAs and living wills can be pretty confusing (especially since they have so many different names!) but here's a quick breakdown:
General Power of Attorney: Covers a wide range of transactions, while limited powers of attorney cover only specific situations. An ordinary power of attorney expires if you become mentally incompetent.
Durable Power of Attorney: Authorizes someone to act in a wide range of legal and business matters and remains in effect even if you are incapacitated. The POA can take effect immediately or can become effective only if you are incapacitated.
Enduring Power of Attorney: Can take effect as soon as you sign it. This is a legal document that lets your attorney continue acting for you if you become mentally incapable of managing your finances and property.
Special or Limited Power of Attorney: Allows an individual to give another person the ability to make certain legal or financial decisions on their behalf under specific, clearly laid-out circumstances.
Read the full article in our Learn CentreSimilar to executing a will, when signing your power of attorney documents you will need two witnesses. Both must be present with you when you sign, and they must also sign the documents themselves.
British Columbia, Nova Scotia, New Brunswick and Manitoba enduring power of attorney re: notarization: The Land Titles and Survey Authority of British Columbia, Manitoba, New Brunswick, and Nova Scotia require a notarized EPoA for registration which is a prerequisite to buying, selling, or otherwise transacting in real estate on another’s behalf. These are the only provinces Willful serves that require POA documents to be notarized, and notarization is only required by the Land Title and Survey Authority if someone is transacting real estate on your behalf.
In plain English: if you own property and your designated attorney may have to buy and sell property in the event you become incapacitated, your POA must be registered with the Land Title and Survey Authority. The LTSA won't register a POA unless it is either notarized itself, or has attached Statutory Declarations that are notarized. With Willful, our EPoA requires signatures from you, your chosen attorney(s) and two adult witnesses. Included with your documents are statutory declarations for your attorney(s) and witnesses which need to be notarized in order to satisfy the requirements of the Land Title and Survey Authority in your province.
Read the full article in our Learn CentrePower of Attorney documents govern your personal, medical, legal, and financial life *before* you pass away. In contrast, your Last Will and Testament only takes effect *after* you die.Willful Power of Attorney documents are intended to be used in a personal accident or medical emergency on your behalf. In a legal sense, their powers 'endure' beyond your mental incapacity.
Read the full article in our Learn CentreWillful offers a hassle-free, 30-day money back guaranteed. Our mission is to help as many Canadians as we can create their legal will and powers of attorney. If you have reviewed your documents and feel like they do not fully meet your needs, please contact us at support@willful.co to speak to our customer service team.
One-time payment, a lifetime of peace of mind
Legal Essentials
$99
- Last will and testament
- Register your will with the Canada Will Registry ($40 value)
- Free unlimited updates
Premium Coverage
$189
- Last will and testament
- Register your will with the Canada Will Registry ($40 value)
- Free unlimited updates
- Power of attorney for health (living will)
- Power of attorney for property
- Asset list to support loved ones
Premium x 2
$378
$329
- 2 x Last will and testament
- 2 x Register your will with the Canada Will Registry ($80 value)
- 2 x Free unlimited updates
- 2 x Power of attorney for health (living will)
- 2 x Power of attorney for property
- 2 x Asset list to support loved ones