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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Can I Still Make A Valid Nova Scotia Power of Attorney if I Physically Can’t Sign it Myself?

/ Highlander Law Group/
Can I Still Make A Valid Nova Scotia Power of Attorney if I Physically Can’t Sign it Myself?

The Act tells us that as long as the donor is over the age of majority (19+ in Nova Scotia) and still competent (See our blog on the level of competence required if you aren’t sure) a person can still grant their Power of Attorney even if they can’t physically sign it themselves.

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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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What Will I Need to Provide if the Nova Scotia Probate Court Requires me to get an Estate Bond as Security to act as Executor or Administrator of an Estate?

/ Highlander Law Group/
What Will I Need to Provide if the Nova Scotia Probate Court Requires me to get an Estate Bond as Security to act as Executor or Administrator of an Estate?

Nova Scotia Probate Court Can Require an Executor or Administrator to Post Security Prior to Opening the Estate

The Nova Scotia Probate Court can require a person applying for a Grant of Probate (Executor, when there is a Will) or a Grant of Administration (Where there is no Will) to post security in the amount of 1.5 times the value of the deceased person’s estate. Most commonly, this happens where there is no Will or the Executor(s) reside out of Province.

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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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My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

/ Highlander Law Group/
My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

Courts in Canada have repeatedly recognized the right of a child to have the name, gender expression and gender identity of their choosing. Even if you have not legally changed your child’s name and gender marker, a Nova Scotia court will use the name and pronouns indicated by parents in the application.

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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

/ Highlander Law Group/
My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

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