(E) Family Issues in the Area of Enduring Powers of Attorney, Personal Directives and Wills

~ 1 ~

IINTRODUCTION (Continued...)

(d) What Is A ‘Living Will’?

(e) Family Issues In the Area of Enduring Powers of Attorney, Personal Directives and Wills

IIPERSONAL DIRECTIVES

(a) What Does A Personal Directive Do? And Why Have One?

(b)The “Heroic Measures” Issue

(c)When Does A Personal Directive Take Effect?

(d)Agents

(i)Who Can Be An Agent

(ii)Who Should/Should Not Be An Agent - Issues In Choosing An Agent

Continued next page…

PUBLIC LEGAL EDUCATION PROGRAM

AN ENDURING POWER OF ATTORNEY; A PERSONAL DIRECTIVE;

A WILL – A LEGAL TOOLKIT

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown)

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

IIPERSONAL DIRECTIVES (Continued...)

(e)What Kinds of Decisions Are Agents Allowed To Make?

(i) Generally - The Legislation

(ii) How the Wording of the Personal Directive Affects This

(f) Making Sure the Agent Acts Properly

(i) Generally

(ii) The Place of the Courts

Continued over…

IIPERSONAL DIRECTIVES (Continued...)

(g)Making and Revoking Personal Directives

(i) Steps/Requirements In Making A Personal Directive

(ii) Steps/Requirements In Changing Or Revoking A Personal Directive

(h) The Personal Directives Registry

(j)What If There Is No Personal Directive?

(k)Other

IIIENDURING POWERS OF ATTORNEY

(a) What Does An Enduring Power of Attorney Do? And Why Have

One?

(b)When Does An Enduring Power of Attorney Take Effect?

(c) Attorneys

(i) Who Can Be An Attorney

(ii) Who Should/Should Not Be An Attorney - Issues In Choosing An Attorney

Continued next page…

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown),

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

IIIENDURING POWERS OF ATTORNEY (Continued...)

(d) What Kinds of Decisions Are Attorneys Allowed To Make

(i) Generally - the Legislation

(ii) How the Wording of the Enduring Power of Attorney Affects This

(e) Making Sure the Attorney Acts Properly

(i) Generally

(ii) The Place of the Courts

Continued over…

IIIENDURING POWERS OF ATTORNEY (Continued...)

(f) Making and Revoking Enduring Powers of Attorney

(i) Steps/Requirements In Making An Enduring Power of Attorney

(ii) Steps/Requirements In Changing Or Revoking An Enduring Power of Attorney

(g) What If There Is No Enduring Power of Attorney?

(h)Other

IVWILLS

(a) Introduction

(i) What Is A Will?

(ii) Why Have A Will?

(iii) When Does A Will Take Effect?

(iv) What If There Is No Will? - Intestacy

Continued next page…

PUBLIC LEGAL EDUCATION PROGRAM

AN ENDURING POWER OF ATTORNEY; A PERSONAL DIRECTIVE;

A WILL – A LEGAL TOOLKIT

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown),

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

IVWILLS (Continued)

(b) Making A Will

(i) Who Can Make A Will?

(ii) Formalities of Making A Will

A. Generally

B. Execution and Witnesses

C. Holograph Wills

(c) What An Executor Does and Factors In Choosing One

Continued over...

IVWILLS (Continued...)

(d) Guardianship - What A Guardian Does and Factors In Choosing One

(e) Property Which Is or Is Not Covered By A Will

(i) Generally

(ii) Property In Joint Tenancy

(iii) Insurance Proceeds

(iv) Other

(f) Beneficiaries

(i) Who Can or Cannot Be A Beneficiary

A. Generally

B. Position of Witnesses

(g) Deciding How To Distribute the Estate

(i) Generally

Continued next page...

PUBLIC LEGAL EDUCATION PROGRAM

AN ENDURING POWER OF ATTORNEY; A PERSONAL DIRECTIVE;

A WILL – A LEGAL TOOLKIT

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown),

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

IVWILLS (Continued...)

(g) Deciding How To Distribute the Estate (continued...)

(ii) And Types of Assets

A. Generally

B. Nature of Assets (i.e. Real Estate, Stocks and Bonds, Collectibles, Farm Assets, Business Assets, Bank Accounts, Personal Property, Family Heirlooms, etc.)

C. Location of Assets (i.e. Alberta, other parts of Canada, or elsewhere)

Continued over...

IVWILLS (Continued...)

(h) And Estate Planning

(i) General Considerations

(ii) Business Considerations

(iii) Tax Considerations

(iv) Providing For Minors

(v) And the Family Maintenance and Support Legislation

(vi) And the Dower Act

(vii) Other

(j) Changing or Revoking Wills

(i) Generally

(ii) How Wills Can Be/Are Revoked

Continued next page...

PUBLIC LEGAL EDUCATION PROGRAM

AN ENDURING POWER OF ATTORNEY; A PERSONAL DIRECTIVE;

A WILL – A LEGAL TOOLKIT

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown),

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

IVWILLS (Continued)

(j) Changing or Revoking Wills (continued...)

(iii) Codicils

(k) Other

VFUNERAL PLANNING

VIPROBATE AND ADMINISTRATION

(a) Generally - What Are Probate and Letters of Administration and What Is the Difference Between Them?

Continued over...

VIPROBATE AND ADMINISTRATION (Continued...)

(b) When Probate/Letters of Administration Are and Are Not Necessary

(c) Advantages and Disadvantages of Obtaining Probate/Letters of Administration

(d) Process and Costs of Obtaining Probate or Letters of Administration

VIIENDURING POWERS OF ATTORNEY/PERSONAL DIRECTIVES AND

WILLS AND ESTATE PLANNING

VIIIESTATES, PERSONAL REPRESENTATIVES, AND THE ADULT

INTERDEPENDENT RELATIONSHIPS LEGISLATION

IXLIMITATION PERIODS, OTHER TIME LIMITS AND THEIR

SIGNIFICANCE

XRECENT, UPCOMING AND PROPOSED CHANGES TO THE LAW (if any)

(a)Generally

(b)Wills and Succession Act

Continued next page...

PUBLIC LEGAL EDUCATION PROGRAM

AN ENDURING POWER OF ATTORNEY; A PERSONAL DIRECTIVE;

A WILL – A LEGAL TOOLKIT

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown),

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

XIOTHER

XIISOME SOURCES OF FURTHER INFORMATION

Presentations in more detail on various topics mentioned in this handout may already be available through the Public Legal Education Program or could be developed. For more information, contact the program. (See page 1 for contact information.)

PLEASE NOTE:

THAT LEGAL RULES CAN AND DO VARY from place to place - province to province, country to country, even municipality to municipality. Also laws change and material becomes out of date. THEREFORE, it’s important to make sure that the information you’re looking at is applicable and current.

FOR EXAMPLE - RECENT CHANGES TO WILLS AND ESTATES LEGISLATION:

ON FEB. 1, 2012, NEW LEGISLATION CONCERNING WILLS AND ESTATES CAME INTO FORCE IN ALBERTA (the Wills and Succession Act, proclaimed in force, except s. 117, as of Feb. 1, 2012). Some material on the websites listed here may not reflect the changes contained in this legislation. The Alberta Justice and Solicitor General website (see under Wills under Programs and Services) and the Centre for Public Legal Education Alberta website (see Making A Will, revised since the changes came into force, under Publications) are two places where you can find some information specifically about the new legislation and the changes it makes.

Continued over...

XIISOME SOURCES OF FURTHER INFORMATION (Continued...)

The following websites provide information or a way to look for information. Often the sites group their information resources under

general headings like ‘publications’ or ‘resources’. Search terms you

may wish to try include terms on this worksheet; (adult) guardianship and trusteeship; Agriwebinar®; Alberta; A-Link; all/more; A to Z (benefits/services) index; audience(s); benefits (finder); browse; business; Canada Pension Plan; Canadian Legal FAQs; civil (and family matters); common/frequently asked questions; Court of Queen’s Bench; (dealing with/following a) death; decedent; departments and agencies; disabilities/disabled; downloadable resources; families; family, relationships, personal; farm law; financial property protection; financial resources; find; forms; government; how do I; individuals; judgments; law, justice & citizens’ rights; LawCentral Alberta; laws online/catalogue; laws (main page) search; legal problems/resources; legislation; licensing & registration; life events; living (in Alberta); money and commerce; navigating legal information; needing continuing care; Old Age Security; online services; pensions; personal & family supports; planning ahead/for the future; programs and services; Public Guardian/Trustee; quick links; registered; registries; represented adults; research;retirement; retiring or turning 65; savings plans; search (all benefits/list of legal topics); see; seniors; Service Canada; services; succession; Surrogate Court; survivor; taxes; topic(s); transferring personal authority; trust(s); view; websites; and what to do when someone has died.

Aboriginal Affairs and Northern Development Canada –

Alberta Agriculture and Rural Development –

Alberta Civil Liberties Research Centre –

Alberta Courts -

Alberta Government Service Alberta -

Continued next page...

PUBLIC LEGAL EDUCATION PROGRAM

AN ENDURING POWER OF ATTORNEY; A PERSONAL DIRECTIVE;

A WILL – A LEGAL TOOLKIT

DATE:Wed., Mar. 16, 2016; 12:00 noon – 1:00p.m.

LOCATION:Community Meeting Room, Main Branch (downtown),

Lethbridge Public Library

SPEAKER:Nikki van Mulligen, Barrister & Solicitor (Maclachlan, Mcnab, Hembroff)

NOTES (Continued…)

XIISOME SOURCES OF FURTHER INFORMATION (Continued...)

Alberta Government Programs and Services -

Alberta Human Services -

Alberta Justice and Solicitor General -

Alberta Law Libraries -

Alberta Queen’s Printer -

Canada Revenue Agency -

Canadian Legal Information Institute -

Centre for Public Legal Education Alberta -

Department of Justice Canada -

Employment and Social Development Canada –

Farm Management Canada –

Financial Consumer Agency of Canada –

Continued over...

-16-

XIISOME SOURCES OF FURTHER INFORMATION (Continued...)

Government of Canada –

Legislative Assembly of Alberta -

Parliament of Canada -

Supreme Court of Canada -

Federal and provincial (Alberta) statutes are available at the Department of Justice Canada and Alberta Queen’s Printer sites respectively. See the websites about whether these are the official versions. Information about provincial (Alberta) and federal bills is available at the Alberta Legislative Assembly and Parliament of Canada sites respectively. See also the Canadian Legal Information Institute site.

In addition, there are Law Libraries in various communities in Alberta including Calgary, Edmonton and Lethbridge. Although their collections are designed primarily to meet the needs of lawyers, the public is free to use the materials within the libraries. See the Alberta Law Libraries website.

FINALLY, general information is no substitute for obtaining the advice of a lawyer.