Glossary - Wills and Powers of Attorney

capacity assessor

In Wills and Powers of Attorney

A capacity assessor is someone who has special training and has been approved by the government to decide if people are mentally incapable. This can be a doctor, nurse, psychologist, occupational therapist, or social worker. They assess a person’s mental capacity and decide if the person is able to make decisions about their property, personal care, or both.

You must pay for the assessment. The fee usually depends on things like the person’s profession and expertise. The Office of the Public Guardian and Trustee has a list of capacity assessors in Ontario.

clearance certificate

In Wills and Powers of Attorney

A clearance certificate is a document that an estate trustee gets from Canada Revenue Agency. It confirms that all money the person who died owed to the Canada Revenue Agency has been paid.

commissioned

In Criminal Law, Family Law, Wills and Powers of Attorney

When a document is “commissioned”, it is signed in front of a commissioner of oaths. A commissioner of oaths has the power to certify a document that presents what someone says is true, such as an affidavit.

common-law partner

In Wills and Powers of Attorney

A common-law relationship is one where partners of the same or opposite sex live together in a marriage-like relationship, without being married. This is sometimes called “cohabiting”. For most estate law issues, you must live together for at least 3 years, or sometimes less if you’re raising a child together.

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