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Is it a good idea to appoint all my children as executors or attorneys even if one lives out of town or province?

This is not an uncommon comment that comes up during an initial conversation about preparing wills and powers of attorney. While we understand the sentiment, it may not be a great idea to appoint a child for a critical role if he or she will have difficulty attending to what the task requires. That is right, it is indeed a task, a job, an obligation and that’s the correct way to think about it. Along with possessing the traits of being prudent, honest, and dedicated, proximity to you also matters. Imagine a situation involving a continuing illness that renders you incapable and one which may require medical staff to consult with your attorney multiple times and over the course of several days, months or years to make decisions for you with respect to your personal needs including hygiene, food, shelter, clothing etc. It would be unwise to appoint multiple children simply due the fact that you do not want to make them feel unimportant or leave them out. The child that lives on the other side of the province (or country) may not be a great choice especially if you have one that is local and equipped for the task and willing to help! It is best to think about the scenario thoroughly and a lawyer can assist in this regard.

The above is intended to be general information only and not legal advice. For further information, please contact our office.