As colder weather approaches, Ontario snowbirds will start
flocking to warmer climates. According to a 2018 study commissioned
by The Canadian Trade Commissioner Service, close to 500,000
Canadian snowbirds spend their winters in Florida. Arizona and
California are also popular destinations.
Many, if not most, will arrange health insurance in anticipation
of travel, but consideration should also be given to incapacity
planning. Who has the authority to manage a person's real
estate assets, access financial accounts or pay bills upon
incapacity? And likewise, who has authority to make health care and
medical decisions on a person's behalf?
For a power of attorney to be valid, it must comply with the
legal requirements of the applicable jurisdiction. An Ontario power
of attorney must be signed by the grantor in front of two eligible
witnesses in the presence of each other and the grantor. By way of
example, in Florida, a local power of attorney must be signed by
the