Are You the Responsible Family Member?

We’ve seen it happen time and again. The person making the initial call to us turns out not to be the one with the legal responsibilities of making decisions related to the care of a loved one.

While they may feel that they should be the one to make these choices, the law doesn’t recognize them as such — and so their voice can become effectively silenced.

If the deceased has not expressed their wishes through a Last Will and Testament, where the deceased has designated an agent (the 'Executor') to fulfill their wishes, then the chain of command, formally called the “order of precedence”, is commonly as follows:

• Legal Spouse/Partner/Common-Law
  
• Surviving Adult Child/Children
  
• Surviving Parent
  
• Surviving Adult Sibling
  

The person designated as the responsible party, whoever they may be, needs to be present to make decisions, and sign documents. If you are unclear as to who is the responsible person in making these decisions and planning for your loved one, call us.