On September 27 our Allen Madelin lawyers team visited Vista Residence in Montreal to speak before its residents about the important rights of the elderly people: to make decisions for themselves and their property despite certain difficulties attached to the benefit of a long life.
Protection mandate (Living Will) nuances
Thinking in advance becomes the most important recommendation to protect one’s rights for the last decades of one’s life. This includes not only a Last Will, but also a Protection mandate (a Mandate in case of incapacity or a Living Will) — a document designated to protect one’s lifestyle, preferences and good care in case of incapacity.
Protection mandate covers not only an appointment of a mandatary, but also includes detailed description of one’s preferences as to everyday care, medical treatment, visits, entertainment, clothing and so on.
At this point the law in Canada does not allow to make dispositions about Medical assistance in dying (MAID) in a Protection mandate, but things might change, so it’s prudent to make such a stipulation under a condition that it becomes legal at the time of homologation of the Protection mandate.
Last Will caveats
Last Will is also a document which shows itself to be more complicated than it’s often thought — particularly if there are assets in other jurisdictions, where Succession laws might be less liberal than in Quebec or have their own peculiar rules.
For example, survivorship clauses are generally not working in Quebec as they do, say, in Ontario. French have their mandatory quotas for children. Various jurisdictions treat differently the surviving spouse’s claim against the Estate, and so on. Taxation laws also vary.
Altogether, these differences may significantly diminish some heir’s share and surprisingly increase one of another – contrary to the initial testator’s idea.
Allen Madelin Lawyers work on daily basis with Protection mandates, Wills and Estates cases, consulting the clients and representing them in Courts. For details, please contact us by phone: 1 514 904 4017 or by email: [email protected].
