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Looking For a Will?

The Hamilton Community Legal Clinic may be able to help you. Lawyers volunteer their time to make wills for people who cannot afford to pay for the service.

  • You must be low income and there must be a clear need for the will (such as owning a home or having under-age children).
  • This service is not able to deal with emergencies. If you are unable to wait six months to have a will, please contact Justice Net at www.justicenet.ca where you may obtain assistance from an Estate Planning lawyer with fees attached to a sliding scale.

Powers of Attorney

Helpful Definitions

It is helpful to understand what the documents are that can be prepared. The following is information only. It is not legal advice or legal authority. You should contact a lawyer if you have specific questions or need more information or advice.

 What is a will?

  • A will is a legal document that says what you want to do with your property and belongings (called your “estate”) after you die. It names the person you want to carry out the terms of your will (the “executor”). A will is important because it makes it easier for those left behind to look after your estate and you decide who is to get your property. A will also names who you would like to be responsible for your children if they are under 18 when you die (called “guardianship”).

What is a power of attorney?

A power of attorney is a legal document that gives someone else the right to act on your behalf and make decisions for you.

The term “attorney” means the person or persons you have chosen to act on your behalf. Your chosen attorney does not need to be a lawyer. Usually you chose a friend or family member that you trust and who has agreed to do this for you. There are two kinds of power of attorney – Power of Attorney for Personal Care and Power of Attorney for Property.

What is power of attorney for personal care?

  • This is a legal document in which you name a person to make decisions about your medical care and other care when you become unable to make those decisions yourself. You may give a power of attorney if you are at least 16 years old and are capable to do so. You are capable of giving a power of attorney if you are able to understand whether your named attorney has a genuine concern for you and that they may make personal care decisions for you, if necessary.

What is power of attorney for property?

  • This is a legal document in which you name a person to make decisions about your money and other assets on your behalf. You can decide if the power of attorney starts immediately or when you become incapable of making decisions about your finances. You may give a power of attorney if you are at least 18 years of age and are capable to do so. You are capable of giving a power of attorney if you understand the kind of property you have, the value of that property and the role of the person named as your attorney.

Resources for Older Adults