All About Estates

Random Thoughts in Isolation

I hope everyone is managing well and staying safe. Here are some random thoughts in isolation:

1. Some provinces are now allowing the virtual witnessing of wills. In related news, Estate lawyers are now the new tech support

2. Until now, I bet you didn’t realize how many corporate mailing lists you subscribe to

3. Are estate planning lawyers less busy now? One thing’s for sure, with so many people quarantined with their spouses for weeks, divorce lawyers are gonna be juuuuust fine.

4. It feels like we’re in that weird period between Christmas and New Year’s. Anything goes and this blog is my only reminder for what day it is

5. To any readers that don’t have Netflix, what would you do if you saw a POA with this exotic language?

“This enduring power of attorney shall not be affected by my disability or disappearance”

6. To those cool cats and kittens that do have Netflix, she’s definitely guilty, right? Some food for thought/tigers.

7. If I ever get a (regular-sized) cat, I’m naming it Purrter Meowtanis

8. And finally, a POA Drafting idea:

If a person appointed as attorney cannot act because of incapacity, generally the POA document names a substitute. But let’s say the person appointed as attorney has also invoked their own personal POA. Why can’t the original POA document allow the attorney’s POA to step in and start acting?

How far down the rabbit hole can we go with this? With proper drafting can you be someone’s power of attorney of attorney of attorney…….?

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About Peter Meitanis

8 Comments

  1. Tracy Parkinson

    May 7, 2020 - 1:37 pm
    Reply

    Thank you Peter! That was very entertaining. After about week 1, I too had the same thought as #3.

    • Mélina Konzak

      May 8, 2020 - 4:49 pm
      Reply

      Thanks for the laugh Puuuuurter!

  2. Leslie Stallard

    May 7, 2020 - 2:03 pm
    Reply

    The POA thought is a good one. When a Trustee for a testamentary trust passes away I believe (could be wrong) the Executor for the deceased Trustee assumes that role for the Trust, after some legal hoop leaping. Perhaps that could be true for a POA and is referenced in the volumes of statutes? Real question for me on both counts as I’m both a POA and Trustee and thinking of my daughter (my named Executor/POA)–would she think I did this to punish her? lol!

  3. Peter Meitanis

    May 7, 2020 - 3:17 pm
    Reply

    Thanks for the comments. The interesting things we think about when we have the time!

  4. Catharine E Williams

    May 7, 2020 - 4:34 pm
    Reply

    Thank you for my laugh for the day!!!

  5. Darya Sawycky

    May 7, 2020 - 4:40 pm
    Reply

    Thanks for the chuckle, Peter! Appreciated.

  6. Steffanie Eckford

    May 8, 2020 - 1:29 pm
    Reply

    Fun! Thanks Peter…

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