How is Legal (In)Capacity Determined in Alberta?

Legal capacity addresses a person’s ability to understand the nature and consequences of making decisions that: A) are legally binding B) affect their rights, responsibilities, obligations, and legal entitlements, as well as those of others Examples of these decisions include entering, buying or selling a home or business; initiating a lawsuit; and executing a Health Care Directive, Power of Attorney, or Read More

Understanding Grants of Administration

When a person dies in Alberta without a Will, they are said to die “intestate.” If a thorough search for a Will turns up nothing and the estate has assets that need to be administered, a person may apply for a Grant of Administration so that those duties may be carried out. Who May Be a Personal Representative? Section 11(2) of the Surrogate Rules specify an order of preference when it comes to who may be a Read More

4 Common Mistakes People Make When Naming a Potential Guardian for Their Kids

Estate planning is strongly recommended for anyone, but when you have young children, the process is especially important. Urgent, even. Not only do you want to provide for them financially, you also need to name a guardian who will raise them in the event that you and their other parent die or are otherwise unable to care for them. If you haven’t done this yet, you’re not the only one. Over 60% of parents have Read More

Fairness

I plan to be fair to my children, but if I leave them an unequal amount of money, am I setting up a future battleground?    Fair isn’t always equal in estate planning. The quandary for parents is how to treat their children equally, even when the monetary amount that each child will receive is unequal. This is particularly prevalent in families that own a business and some but not all of the children have Read More

The Difference Between a Guardianship Order and a Trusteeship Order

Many adults across Alberta are not in a position to make their own decisions regarding their personal and financial matters. In instances like these, the Adult Guardianship and Trusteeship Act (AGTA) permits family members and concerned parties to apply for a guardianship or trusteeship order to ensure that their loved ones are not compromised or taken advantage of. Because they both support the care and Read More

What a Personal Care Directive Can and Cannot Achieve

A personal care directive  (PCD) is a legal document that enables you to indicate how, why, and by whom your personal care decisions may be made in the event that you cannot make them on your own. In Alberta, your PCD is placed in your Green Sleeve, an advanced care planning document that conveys your wishes regarding medical, resuscitation, and comfort care to your doctors and other medical support staff. Because Read More