Smolensky Law

ESTATE PLANNING
Making a Will is an enduring act of kindness to your loved ones. A Will ensures that your wishes are respected and allows you to make specific bequests to family and friends or chosen charities. A Personal Directive and Power of Attorney let you decide what should happen if you are ever unable to make decisions for yourself.
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WHAT IS A WILL?
A Will is a document that lets your family know how you want your belongings, both financial and physical, to be divided. It also allows you to leave instructions such as who will look after your children and who will be in charge of administering your estate.
Everybody should have a Will, but it becomes more pressing if you have a common law partner, if you get married, if you have kids, if you purchase a house, and so on. When you meet with your Estate Planning Lawyer they will discuss how these important people and life events will effect your Will and draft your documents accordingly.
There are lots of ways to acquire a Will, but we are of the opinion that a lawyer is the safest way to go. A good Estate Planning Lawyer will be aware of the legal pitfalls that your estate documents could be subject to, and will help you navigate around them.
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AN ENDURING POWER OF ATTORNEY?
You may have heard the term Power of Attorney, or POA, before. This is when you give someone else the power to act in your stead. If you give Power of Attorney to someone, they may sell your house, write your cheques, and act as if they were you for financial decisions.
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Some people create an Enduring Power of Attorney (EPA) when planning for end of life. This is a POA that only starts after a doctor has deemed you mentally incapable of making important decisions. An EPA is for everyone, not just those who are concerned about cognitive decline. If you are unconscious due to a car accident for example, then having an Enduring power of Attorney will help guide your family to make financial decisions on your behalf.
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If you do not have an EPA and are mentally incapable of making decisions, someone close to you will have to make an application to the courts to get Power of Attorney over you. This can be a lengthy and expensive process for your family to go through.
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WHAT IS A PERSONAL DIRECTIVE?
If someone you love is in the hospital, it is often an incredibly traumatic time. Having to then make difficult medical decisions on their behalf adds to the stress. This is one of the reasons why people often made a Personal Directive when estate planning.
A Personal Directive (PD) is similar to an Enduring Power of Attorney in that it appoints someone to make decisions on your behalf when you are no longer able to, and if you don't have an appointed decision maker your family will have to apply to court so that someone can be assigned the role.
A PD designates someone to act as your personal and medical decision maker. A Personal Directive also gives your loved ones some guidance on what you would like done in a medical setting. For example, your PD may contain a clause that you do not wish to be resuscitated or have a certain type of medical procedure done to you. If you end up in a vegetative state, a PD can advise your family on what you would like done. Your appointed person can also make decisions such as where you live, who you live with, who visits you, and what kind of personal activities you engage in.
FEES
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Full Wills Package: $900.00
Mirrored Spousal Package: $1,100.00
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Will: $550.00 Mirrored Spousal Will: $900.00
PD: $300.00 Mirrored Spousal PD: $450.00
EPA: $300.00 Mirrored Spousal EPA: $450.00
Codicil: $200.00
Rush Fee (Documents required within 5 business days): an additional $200.00 to your service
Home/Hospital Visits: an additional $200 to your service
Fees do not include GST or disbursements. Fees are subject to change. The prices listed above are for “standard” documents only, loosely described as having a maximum of one trust and up to 8 named beneficiaries. In the event that the documents you have requested are non standard, you will be charged an hourly fee of $350.
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Mirrored spousal packages are for couples who wish to leave the majority of their things to each other.