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MY daughter in pembroke wants to take personal care away…

Customer Question
MY daughter in pembroke wants...
MY daughter in pembroke wants to take personal care away from me i am the husband
ithink they call it because its done leagle also she is the exertive of the wills can this
be changed quickly my wife does have demenshire.
my e.mail***@******.***
Submitted: 2 years ago.Category: Canada Law
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Answered in 4 minutes by:
1/31/2016
Lawyer: Ulysses101, Lawyer replied 2 years ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,757
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

Are you agreeing to your daughter having that authority?

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Customer reply replied 2 years ago
no i want her taken off everthing personal care & exertive of all wills
Lawyer: Ulysses101, Lawyer replied 2 years ago

OK, I'm getting it.

You're the spouse, so decisions over your wife belong to you if she's incapable of making those decisions. Your daughter obviously believes that you're not up to the task, so because she's executor of your estate(s), she's treating this as if she has Power of Attorney. I'm assuming that, please tell me if I'm wrong.

If I'm right, you need to see an estate lawyer. Get your wills amended if you wish for your daughter to have no authority over your estate. She can still be a beneficiary if you like, but if you don't trust her to respect your testamentary wishes then someone else should be the executor. By the way, "executor" isn't a term used any more, it's called "estate administrator" in most circles. But old lingo dies hard.

I'm sorry that your wife has symptoms of dementia, that's hard on both of you. Talk to her doctor, get an opinion on her capacity. If she still has periods of lucidity then she should sign a Power of Attorney over to you. You already have that by implication as her spouse, but if she does that document then it's an acknowledgement that she needs help with her personal care and finances because of her condition, and she's specifically named you rather than your daughter. An estate lawyer can take care of both of these issues for you. It shouldn't cost much.

Does that make sense? Please reply with your questions or comment. If I've answered you I'd appreciate a positive service rating, please.

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Customer reply replied 2 years ago
I WILL GO to an estate lawer can you recomend one in kanata near terry fox dr.
Lawyer: Ulysses101, Lawyer replied 2 years ago

I don't know any estate lawyers in that area. I'm sorry.

You could check the Law Society's Lawyer Referral Service at https://lsrs.lsuc.on.ca/lsrs/

There are plenty of "rate my lawyer" websites if you want to search that too.

Or a website called Lexpert has lots of options too.

Good luck. If there's nothing else, may I have that rating please? That's how I get credit for helping you today.

Ulysses

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Customer reply replied 2 years ago
Your company helped me very much
Lawyer: Ulysses101, Lawyer replied 2 years ago

Glad to help. A rating is something you have to do from your end, you should see a row of stars (or a green button that says "rate" or "accept"), thanks very much.

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