Legal Considerations for Seniors

Legal issues in later life touch almost every part of day-to-day living. Estate planning is often top of mind, yet it extends far beyond “who gets what.” It includes how you want care decisions made if you can’t speak for yourself, who can manage your finances, and how your wishes are documented and shared with the people who need to know.

What this article covers

In this article, Comfort Keepers^® reviews essential legal documents, health information, and practical steps seniors and families can address now to reduce stress when critical decisions arise; and to help ensure a senior’s wishes are respected. For laws and processes specific to your province or territory, speak with a lawyer.

Online resources

For clear, Canada-focused information, visit the National Elder Law Section of the Canadian Bar Association. Their pages outline issues affecting older adults and provide up-to-date resources to help you get oriented.

Advance care planning and health care directives (“living wills”)

Advance care planning lets you set out your preferences for health care and long-term care if illness or incapacity prevents you from making decisions in the moment. In many provinces, you can record wishes in an advance directive (often called a “living will”) and/or appoint someone to decide for you if you cannot.

Common components include:

• Written wishes/advance directive: Guidance for health-care providers and loved ones on treatments you would or would not want (for example, life-sustaining measures, pain management, or location of care).
• Power of Attorney for Personal Care (name varies by province): Appoints a trusted person—sometimes called a substitute decision-maker—to make health and personal-care decisions if you’re incapable at law.

Best practice: complete both elements, discuss them with loved ones, and share copies with your family physician, key family members, and any other trusted supporters. Revisit your documents if your health or relationships change.

Wills and trusts

A will sets out who receives your property, appoints an executor, and can name guardians for minor children. A current, properly executed will helps prevent family conflict and administrative delays. Many lawyers recommend that each spouse or partner have an individual will, reviewed and updated after major life events (marriage, separation, birth of a child, sale of a home, significant inheritance).

Trusts can serve several purposes, such as supporting a dependent family member, managing assets over time, or streamlining estate administration. Types and tax effects vary. An estate lawyer can advise on whether a trust (for example, a living/inter vivos trust or a testamentary trust) suits your goals.

Powers of attorney (property and personal care)

It’s a common misconception that family members can automatically make decisions if you become incapable. For most financial decisions, legal authority is required.

• Continuing Power of Attorney for Property (terminology varies by province): authorizes a person you choose to manage finances (pay bills, manage investments, or sell property) if you’re incapable, and in some provinces even while you’re capable if you wish.
• Power of Attorney for Personal Care (terminology varies): authorizes someone to make personal-care decisions (for example, where you live, what you eat, and day-to-day care) if you’re incapable.

If no power of attorney is in place and a person becomes incapable, a court may appoint a guardian (or a provincial body may step in, depending on local law). This process can be time-consuming and may result in someone you didn’t choose making decisions on your behalf; another reason to plan early with a lawyer.

Collecting and organizing essential information

One of the most supportive things seniors can do for family is to gather and organize key documents and contacts so they can be found quickly during a health event or urgent situation. A practical approach is to keep a master list in a labelled folder or binder and store copies of important documents in a secure, clearly marked place (and tell a trusted person where it is). Review this file annually.

What to include (as applicable):

• Government ID: Birth certificate, Social Insurance Number
• Health information: names and contact details of your family physician and specialists; hospital admissions; key diagnoses; current medications; allergies; immunizations
• Advance care planning: written wishes/advance directive; Power of Attorney (property and personal care); emergency contacts
• Estate documents: Will; trust documents; funeral or memorial pre-arrangements
• Financial and legal: sources of income and assets; bank and investment records; mortgage and loan documents; credit cards; insurance policies and policy numbers; location of any safe-deposit box and keys; most recent income tax return; separation/divorce orders or agreements; negotiable securities
• Other: digital accounts and passwords (stored securely), utilities and service providers, membership/benefits details