E047 Rose Johnson Importance of Powers of Attorney

Let’s Be Well Together Podcast - Episode 47
Date: December 20, 2022

Participants: John Webster, Sammy Damaren, Cameron Earnshaw and Sheila Webster
Guest: Rose Johnson

Start times and Segment Segments:

[0:00:38] What’s On Your Mind: We talk about facet activities – the building blocks for categories of wellness, i.e, activities that foster wellness. Today we chat about “see opportunities for growth in the challenges life brings you” as an activity that fosters spiritual wellness.

[0:12:09] Expanding Minds Interview: [Economic and Physical Wellness] Rose Johnson tells us about Powers of Attorney for Personal Care and Property. Our physical health and finances are important. Who makes decisions about our medical treatment and finances if we become incapacitated? Powers of Attorney let us control who makes those decisions. Without them, important decisions about our medical care and finances may be made by someone we’d prefer not make those decisions. People go on and on in their Will planning on who’s going to get small items, but very cavalier about who’s going to make decisions for them when they can’t make those decisions for themselves, on important points like medical decisions and how to deal with their property. We urge listeners to get Powers of Attorney and work with a lawyer to do that.

[0:27:22] Adventures of the Starving Artist: The best part of New Gear Day is when the gear comes in. Cameron received his custom fit in-ear monitors, and they’re amazing

[0:32:30] Move That Body: You need to have exercise and healthy eating to get the maximum benefit. One without the other doesn’t do the job.

[0:38:00] Running Popup: People face a catch-22. It’s a reality many of us are in. People don’t have time to think about wellness, to work out, or spend time on wellness each week. They are too busy. The catch-22 is that we need to spend time on wellness, but we don’t have time to do that.

[0:40:33] Flipside of the Coin: Sheila and John had to catch up on Flipside segments while in Collingwood. They chat about enjoying Collingwood when they can, but it’s sometimes hard to be in the moment.

Quotes and Take-Aways:

John – Talking about building blocks is a great way to talk about facet activities. We have categories of wellness. What are the actual activities that foster wellness in those areas? That’s what we’re talking about with facet activities. I like the concept of building blocks, because also in this theory we are trying to build resilience. If we can build up each of our areas, that makes us more resilient people and hopefully lets us weather storms better. All the activities that foster wellness are building blocks. They build towards that resilience.

Sammy – Sometimes things are taken out of context. What you think that person is saying, or what you’re hearing is not how they meant to say it. Instead of instantly shutting down or blocking conversation, you could take a breath and have a good open conversation. You may learn something and maybe it will change your perspective on something you thought you were dead set on.

John - Today’s show is not advice to our listeners. Rose and I are both lawyers, but we are not providing legal advice. Also, we are talking about what happens in Ontario, Canada. Things may be different in other jurisdictions. We hope that our discussion encourages you to get legal advice and make Powers of Attorney. If you work with a lawyer on Powers of Attorney, they will need to know your personal circumstances and your wishes.

Rose – A Power of Attorney for Personal Care is a written document in which you – you’re known as the grantor – appoint an attorney or attorneys to make all of your health and medical care decisions when you no longer have the mental capacity to do so. This document allows whoever you’ve named to consent to treatment for you, to place you in a home, or to do whatever is needed to make sure your health and wellbeing is being looked after. This could be when you’re physically unable to understand the nature and consequences of what’s going on around you, and specifically with respect to medical treatment.

Rose – A Power of Attorney for Property is a document in which you’re naming or granting power to an individual or individuals to deal with all of your assets. I often describe it to clients as – the individual that you name gets to step into your shoes and do everything you can do legally, except make a new Will or change any beneficiary designations. You have to trust this person implicitly, because they are, in effect, you. They could go to the bank and withdraw money from your account. They could sell your house. They could give instructions to your investment advisor, and the list goes on and on.

Rose – A Power of Attorney for Property becomes effective the moment you sign it.

Rose – There is legislation in Ontario that sets a hierarchy of who can make decisions about your medical treatment in an emergency, if you are incapacitated. It’s not ideal to rely on the legislation instead of having a Power of Attorney for Personal Care, because you are not controlling the selection of that person.

Rose – It’s much different if you don’t have a Power of Attorney for Property. In that case the Public Guardian and Trustee - a government agency and a government employee – takes on that role. They are the ones making decisions about your finances and assets. The government does not get your property, but again you’ve lost control. Someone who doesn’t know you is making decisions about your property.

Rose – If an individual becomes incapacity without a Power of Attorney for Personal Care or Property, there is a court proceeding. A person could apply to be a Guardian for Personal Care and/or Property. The person applying would need to appoint a lawyer. Signing a piece of paper (i.e., making a Power of Attorney) is a lot cheaper and quicker than going through a court procedure with people having to be notified and presentations having to be made to a judge, without knowing who will object, or who else might ask to be made a guardian.

Rose – If you have someone with medical training, they’re a great resource to have as a Power of Attorney for Personal Care if they’re available and they’re the right person for you, because they can communicate better with the health care professionals and typically understand what’s going on. It’s not necessary to have medical training to be an attorney for personal care, it just helps.

Rose – People go on and on in their Will planning on who’s going to get the china, and who’s going to get this, but very cavalier about who’s going to make decisions for them when they can’t make those decisions for themselves [on important points like medical decisions and how to deal with their property].

Bulletin Board Quote brought to you by John: You can only hate the ones you love.

Guest Information: Rose Johnson is a lawyer with international law firm Gowling WLG, as is host John Webster. They’re not providing legal advice (or any advice) on the podcast. They to encourage listeners to make a will and seek legal advice to do so. Rose assists individuals, professionals, business owners and multi-generational families to develop and implement estate plans, to protect loved ones and reduce taxes payable. She works on succession plans to transfer family wealth to the next generation. She assists clients with substitute decision-making and mental incapacity planning through the use of powers of attorney and trusts. Rose is active in her community. She speaks to seniors about estate planning. She’s been a board member of numerous charitable organizations, including, YWCA of Kitchener-Waterloo, the Grand River Hospital Foundation, and Junior Achievement Of The Waterloo Region Inc.

Rose’s email: rose.johnson@gowlingwlg.com

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Thanks for joining us,
(-(-_(-_-)_-)-)   Your wellness check-in team
John, Sammy, Cameron, Sheila and Julie