Dear David,

The elderly couple who lives next door to us have been in their home for nearly 40 years. We’ve gotten to know them casually since moving in ten years ago. One of them is looking frail. We are concerned, as they typically keep to themselves and we’ve never seen family or friends visit. We don’t want to be intrusive, but what happens if they reach a point where they can no longer care for themselves, or if one or both pass away with no one looking out for them? – WORRIED NEIGHBOUR

DEAR WORRIED: In Ontario, when someone reaches a point where they can no longer make health care decisions for themselves, the question becomes whether they have a Power of Attorney for Personal Care. If they do, that person steps in and makes decisions for them. If they don’t have a POA, there is an established sequence of people appointed by Ontario law to step in as substitute decision-makers, ranging from legally appointed representatives to family members. If no family member or authorized person is available and willing to help, the Ontario Public Guardian and Trustee (OPGT) can step in as a substitute decision-maker of last resort.

Financial matters are handled a little differently. If someone can no longer manage their money and doesn’t have a continuing Power of Attorney for Property, a guardian may be appointed. A family member or other person can apply to the court for this role, and in some cases the OPGT may become involved. A guardian can deal with bills, banking, pensions and property, but cannot create a will on the person’s behalf.

If someone dies without a will, they are considered to have died intestate, which means Ontario law determines who inherits their property. In these cases, the estate works its way through the family tree: a surviving spouse and children come first, followed by parents, siblings, nieces and nephews, and then more distant relatives. If no legally entitled relatives can be found, the estate eventually goes to the Crown.

Without a will, the estate does not have a named executor, which means any potential executor would need to apply to the court to become the estate trustee without a will. That person would gather the assets, pay the bills and taxes, deal with property (such as the home) and distribute whatever is left to the rightful beneficiaries. If no family members can be identified, the Office of the Public Guardian and Trustee may administer the estate as a last resort. Part of that process would involve trying to track down relatives through birth, marriage and death records. OPGT involvement can take years to sort out, especially if finances, property or potential heirs are involved.

PRO TIP: In the case of your neighbours, one of the kindest and least intrusive questions you can ask is “If there were ever an emergency, is there someone you would like us to call?” The answer may indicate if they have family, an emergency contact, Powers of Attorney and wills in place. If they don’t, gently encourage them to speak to a lawyer while they are still able to make decisions. Having these conversations now can help avoid uncertainty and prevent unnecessary expenses later. #Advice #AskDavid #TheNegotiator