A majority of Canadian adults do not have a will. If they have children their interests might be left unprotected. If they die owning real estate the sale or other disposition is more problematic.
SNAP QUIZ
Wills can be handwritten and unwitnessed and still be legal.
Yes BUT the entire document must be all handwritten with no typed or pre-printed portions. They are called Holograph wills. It is not uncommon for handwritten wills leave out important considerations like naming an executor or disposing of the entire estate.
It is natural to be concerned about the decisions regarding your personal care should you become incapable. People are naturally reluctant to entrust this level of power over their affairs to another individual, for fear that their destiny will potentially rest in someone else's hands. This fear usually results in a reluctance to assign a power of attorney altogether. It is important to note that granting power of attorney does not take away the power to act on your own behalf. Rather, it serves to share this power with your "attorney" who can act for you should you become incapable of doing so yourself. It may be helpful to think of power of attorney as "personal decision insurance", so that important decisions required on your behalf will be made as you would wish them.
Customs and traditions change over time. In the past it was common for children to look after their parents in their senior years until their death, usually at home. Other than for very traditional families this is no longer the prevailing custom. Our society has changed drastically! Seniors are now living much longer in relatively good health and the concept of “golden years” is now achievable.
Modern medicine is helping us to live longer and healthier lives. Alzheimer’s and other forms of dementia will develop gradually, with the early stages often going unnoticed. The recently diagnosed patient must deal with the legal issues immediately, while still in the early stages of the disease, and still deemed competent.
