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What Happens If I Don't Have a Power of Attorney in Ontario?
Planning for the future means preparing for the possibility that you might become unable to manage your own affairs. A Power of Attorney (POA) is a legal document that lets someone you trust handle your financial or personal care decisions if you are unable to do so. But what if you do not have one? Here is what could happen if you do not have a Power of Attorney in place. No One Can Legally Manage Your Finances Without a Continuing Power of Attorney for Property, no one can

Fernando D. Martins
Nov 142 min read
Who Should I Choose as My Attorney (Power of Attorney) in Ontario?
Choosing the right person to act as your Power of Attorney (POA) is one of the most important decisions you will make in your estate and incapacity planning. Your attorney (does not mean a lawyer) will have significant responsibility and authority to make decisions for you - either about your property (finances) or personal care (health and well-being) - if you become unable to manage these matters yourself. Here is what to consider when selecting the right person to be your

Fernando D. Martins
Nov 122 min read
What is the difference between a Will and a Power of Attorney in Ontario?
Many Ontarians think a power of attorney and a will “do the same thing.” In fact, a will and a power of attorney (POA) are two very different legal documents that serve distinct purposes. Here is a breakdown of their key differences: 1. Purpose Will A will is a legal document that outlines what happens to your assets and property after your death . It can also name guardians for minor children and specify funeral wishes. Power of Attorney (POA) A power of attorney is a

Fernando D. Martins
Nov 123 min read
What Happens If I Die Without a Will in Ontario?
Many people put off writing a Will, thinking they have plenty of time or that their affairs are simple enough not to need one. However, dying without a Will - known as dying intestate -can create confusion, delay and unintended consequences for the people you leave behind. Here is what actually happens if you die without a Will in Ontario and why having one can make a major difference. Who Decides What Happens to My Estate? If you die without a Will in Ontario, the Successio

Fernando D. Martins
Nov 43 min read
How Often Should I Update My Will?
Creating a Will is one of the most important steps you can take to protect your loved ones and to ensure your wishes are followed. But having a Will is not a “set it and forget it” document. Life changes - and your Will should too. So, how often should you update your Will? Quick Answer: You should review your Will every 3 - 5 years or any time a major life event occurs . That does not mean you will need to rewrite it that often - but you should check whether it still reflec

Fernando D. Martins
Oct 283 min read
What should I do if I am arrested in Ontario?
If you are arrested in Ontario, it is important to stay calm and know your rights. Here are the steps you should follow: 1. Stay Calm and Comply Cooperate with the police, but remember you have the right to remain silent. Avoid arguing or resisting as this can make things worse. 2. Ask if You Are Under Arrest The police must tell you if you’re under arrest and the reason for it. 3. Exercise Your Right to Remain Silent You don’t have to answer questions or e

Fernando D. Martins
Oct 152 min read
What types of criminal charges exist in Ontario?
In Ontario, as in other provinces and territories, criminal charges fall under the Criminal Code of Canada and other federal laws. The types of charges can vary widely, but they generally fall into these categories: 1. Summary Offences These are less serious crimes, usually punishable by shorter jail terms or fines. Examples include minor assaults, causing a disturbance, and thefts under $5,000. 2. Indictable Offences These are more serious crimes with heavier pe

Fernando D. Martins
Oct 152 min read
What is the difference between provincial and federal offences?
In Canada, including Ontario, criminal offences are governed by federal law through the Criminal Code of Canada and other Federal statutes. There are also other types of offences that are regulated by provincial laws . Here is how they differ: Federal Offences Defined by the Criminal Code of Canada and other federal statutes (such as the Controlled Drugs and Substances Act). Include serious crimes like theft, assault, impaired driving, drug trafficking, robbery and murder.

Fernando D. Martins
Oct 152 min read
Do I Really Need a Will in Ontario?
This is one of the most common questions people ask me and the short answer is: yes, you do. Whether you are single, married, have...

Fernando D. Martins
Oct 73 min read
What are the different types of Canadian immigration programs?
Canada has a long history of welcoming immigrants and is known for its diversity, strong economy, high quality of life, tolerance and...

Fernando D. Martins
Oct 73 min read
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