Oakville Beaver, 17 May 2006, p. 35

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The Oakville Beaver, Wednesday May 17, 2006 - 35 BUSINESS IN OAKVILLE Grand re-opening of Zellers at Hopedale Mall POWER OF ATTORNEY A power of attorney is an authority given by one person (the "grantor") to another person (the "attorney") to act on behalf of the grantor in conducting that person's financial affairs (Power of Attorney for Property), or in making personal decisions for that person (Power of Attorney for Personal Care). In Ontario the law regarding powers of attorneys is governed by the Substitute Decisions Act, 1992, R.S.O. [1992], c. S30 Unless the Power of Attorney for Property ("PAP") states that it comes into effect when the grantor becomes incapacitated, it is effective immediately upon the signing of the Power of Attorney. In contrast, a Power of Attorney for Personal Care ("PAC") comes into effect when the grantor is not able to understand information that is relevant to making a decision concerning his or her own care or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. Problems may arise when there are two different attorneys, and the person making the medical decisions requires funds from the person in charge of the grantor's funds. Whose authority takes priority? If the PAC is not in effect, the attorney for property manages the grantor's property according to law: that is, to make expenditures that are reasonably necessary for the grantor's support and care and take into consideration the value of the property, the accustomed standard of living and other legal obligations of the grantor. If the PAC is in effect, the attorney for property is obligated to adhere to the decisions of the attorney for personal care, unless the attorney holding the PAP can establish that: (1) there may be adverse consequences to the grantor's property as a result of following the proposed plan of care, which would significantly outweigh the benefits received under the proposed care; or (2) the expenditures are not reasonably necessary for the grantor's support and care taking into consideration the value of the property, the accustomed standard of living and other legal obligations of the grantor. As you can see, issues surrounding powers of attorney can be complicated. You should carefully select who you choose as your attorneys, and seek advice from a lawyer. Provided by Kyle & Van Der Steen LLP, Barristers & Solicitors. Located at 416 Noth Service Rd., East #300, Oakville 905.338-2300 The opinions expressed in this column are those of the author and do not necessarily represent the views of the newspaper. Zellers associates Lori Kalte and Cathy Wale cut up the Grand Opening cake on saturday, May 12. Photo by Karen Newman Dave Bruce holds his daughter Lauren 2 1/2 years ,so she can give Dora the Explorer a high-five, the two met at the grand opening of the renovated Zellers on Saturday, May 12. photo/Graham Paine Jordan Leavey, 2.5 years, gets a balloon animal from CooCoo the Clown at Grand Opening Saturday, May 12. Photo by Karen Newman Zellers and HBC store representatives with gift cards that are being donated to the Womens Shelter. (l-r) Terri Shmidt, Tracy Vonderkammer, Cindy Lively(behind), Lisa Stribbell, Bob Clutton, Crystal Harper and Melissa Gilmour at the Millcroft Zellers. Photo by Karen Newman CHARITY OF HOPE 4TH ANNUAL FASHION SHOW Oakville Conference and Banquet Centre 2515 Wyecroft Rd, Oakville, ON - Bronte & QEW Live Auction ­ Raffle ­ Asian Themed Food Stations ­ Entertainment ­ Fashion Show 6:30 PM Tickets: $85.00 905.618.7510 Ext. 106

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