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What’s the difference between an Enduring Power of Attorney and a Personal Directive? If my spouse loses his/her mental capacity, won’t I be able to take care of everything?

  • Writer: Good Law LLP
    Good Law LLP
  • Nov 20, 2023
  • 1 min read

Updated: Feb 11

Both documents work together to allow you to appoint a decision-maker when and if you become mentally incapable. A Personal Directive sets out your wishes regarding medical decisions, end of life care, and consent for placement in long-term care, among other things. Without it, a friend or family member may have to make an application to the Court of Queen’s Bench to be appointed your guardian. An Enduring Power of Attorney deals with decisions regarding your finances and property. It may be effective immediately or on your mental incapacity or physical infirmity. Without it, a family member may have to make a similar application to be appointed your trustee. Even where spouses hold their property in joint names, this authority is often necessary. To learn more about planning your estate, please contact us or see our website.

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