While the mental incapacity of a plaintiff in the formal
personal injury/disbility litigation is adressed via litigation
guardian, the need for a guardian may be pressing and independent
from any litigation. Having a Continuing Power of Attorney for
Property in place is a recommended way to ensure that your property
is seamlessly and immediately looked after by your chosen attorney
in case of your incapacity, which helps prevent potential losses
and financial hardships, while only requiring a small upfront
expense.
What is the Power of Attorney?
The term "Power of Attorney" refers to the legal
document by which a "grantor" grants decision-making
power to another person (the "attorney").
There are two main types of Power of Attorney in Ontario:
