if you are young & Healthy, Do you Need a Power of Attorney or Personal Healthcare Directive in Nova Scotia?

/ Highlander Law Group/
if you are young & Healthy, Do you Need a Power of Attorney or Personal Healthcare Directive in Nova Scotia?

In Nova Scotia, a Power of Attorney and Personal Healthcare Directive are documents you can use to appoint someone else to make decisions for you. The documents can come into effect right away or only upon your incompetence. The Power of Attorney appoints someone to take care of your property and finances. Your Personal Healthcare Directive appoints someone to take care of you, personally, specifically your medical and healthcare needs.

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Does My Nova Scotia Power of Attorney Need a Witness to be Valid?

/ Highlander Law Group/
Does My Nova Scotia Power of Attorney Need a Witness to be Valid?

In Nova Scotia, all things ‘Power of Attorney’ are governed by the recently updated (July 2022) Powers of Attorney Act.

The Act tells us that in order for a Power of Attorney executed after July 2022 to be valid, the donor’s signature must be witnessed by not just one, but TWO witnesses. 

The following criteria must be met for the witnesses to be eligible:

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Who is Qualified to be my Nova Scotia Power of Attorney?

/ Highlander Law Group/
Who is Qualified to be my Nova Scotia Power of Attorney?

In Nova Scotia, all things ‘Power of Attorney’ are governed by the Powers of Attorney Act. The Act tells us that in order have the ability to act as your Attorney under a Power of Attorney the person you wish to appoint must:

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Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

/ Highlander Law Group/
Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:

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How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

/ Highlander Law Group/
How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.

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Can I appoint my child to be my executor in Nova Scotia?

/ Highlander Law Group/
Can I appoint my child to be my executor in Nova Scotia?

Many parents imagine their adult children handling their estate after they pass. However, often times Wills are drafted before the children are adults. The question becomes: Can I appoint my child as my executor in Nova Scotia even if they are still a minor?

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What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

/ Highlander Law Group/
What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

Real Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.

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8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

/ Highlander Law Group/
8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

I can't count the number of times a friend or family of a deceased person came into our office with a “do it yourself” Will that couldn't be used because something was done wrong or missing. In theory, online “do it yourself” Will kits are supposed to save you money. Unfortunately, in many cases, issues with these Wills end up causing the person left trying to manage the estate significant time, stress, and money in legal fees to sort out the problem.

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Thinking about buying a vacation home in Nova Scotia? What you should know first:

/ Highlander Law Group/
Thinking about buying a vacation home in Nova Scotia? What you should know first:

We are lucky to live in a place with a wealth of cottages and vacation homes. Many Nova Scotians are able to make the dream of having a cottage come true. This blog reviews some of the things to look out for to avoid your dream becoming a nightmare.

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Brush Up on Local ATV Operator Laws

/ Highlander Law Group/
Brush Up on Local ATV Operator Laws

As a parent of young children, I was horrified to hear the story of a 5-year-old Nova Scotian boy who died from being pinned under a ‘Youth Model’ ATV recently.  Rural Nova Scotia has a strong culture of ATV use – and why not, it’s a fun and, in a lot of cases, practical way to get around.  However, though the machines can provide endless hours of outdoor entertainment it’s critical to remember that they are not toys, but rather powerful and heavy machines that can have deadly consequences if not used properly.

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