It is recommended that all TPA members (single, married or living common law) have an up to date Will and Powers of Attorney for Personal Care and Property.  For those who do have these documents, please ensure that they are reviewed every five years, or when your circumstances change.  It is recommended to have a lawyer prepare all documents at a cost that may vary between $300.00 and $800.00.  Members are provided with a toll-free telephone number to answer Wills & Estate related questions over the phone.  To prepare their Will and Powers of Attorney, members will be provided with contact information for a lawyer in their area.  The member will receive a 25% discount provided payment for services is paid within 30 days of the billing date. 

The following provides further information regarding why it is so important to have a Will and Powers of Attorney:

If an active or retired member becomes incapacitated because of illness or injury and does not have their Powers of Attorney, the individual who wishes to obtain permission to handle their health and financial decisions must apply to the courts to be appointed as the Power of Attorney, which takes at least 30 days.  The TPA office has had situations where an active or retired member is in the hospital and family members are contacting the TPA office to confirm coverage and beneficiaries.  Due to privacy laws, the TPA office, banks and other agencies are unable to discuss details of the member’s personal information without proof of the Power of Attorney.          

When an active or retired member (single, married or living common law) passes away without a Will, it is very difficult on the loved one(s) left behind to then have to go through the process of applying through the courts to be appointed the executor/executrix.

When an active member passes away, termination payments such as legislated severance, vacation or overtime that are processed through the Ontario Shared Services (OSS) will likely be delayed if there is no Will.  An OSS representative cannot discuss a deceased member’s entitlements with anyone who presents themselves as the spouse or estate representative until they receive proof that the individual is the official executor/executrix.  In the past, a spouse could produce a marriage certificate and be authorized to represent the member, this is no longer sufficient due to privacy legislation.

The TPA Will and Powers of Attorney Program is designed to ensure all members have timely access to Legal Advice and will make it easier for members to put in place, or update an existing, Last Will and Testament.