Contact: Dana J. Nelko; Fillmore Riley LLP (Manitoba, Canada)
Bob and Jane are both in their early 70s. In 2008, with a downturn in the American economy and the relative strength of the loonie (the good old days), they purchased a condo in Phoenix.
As Bob and Jane are both retired, they decided to live six months of the year in Phoenix and six months in Winnipeg. They opened a bank account in Phoenix, found a local doctor that they were comfortable with and made plans to do a lot of golfing. They made sure their travel insurance was up to date and thought that they had taken into account all contingencies.
Last winter, unfortunately, Bob suffered a stroke while in Phoenix. Jane immediately called her lawyer in Winnipeg and asked if he could send down a copy of both a Power of Attorney and Healthcare Directive that Bob had prepared years ago. It was at this point that Jane learned that both documents were of little value while they were in Arizona.
A Power of Attorney document permits a third party to take control of your assets and make financial decisions should you become incapacitated. Under Manitoba law, you have the right to accept or refuse medical treatment. Should you become unable to speak or otherwise communicate your wishes, a Healthcare Directive provides instructions to a member of your family to make medical decisions for you. Most, if not all, provinces and states of the United States have a form of Healthcare Directive legislation similar to that of Manitoba’s.
