Looking for a Will?

What is the Hamilton Pro Bono Project? 

Since 2004 lawyers in Hamilton have been volunteering their legal expertise in the service of the public good by assisting low income individuals in an area of law not funded by Legal Aid Ontario or community legal clinics. Volunteer lawyers assist low-income adults, people with disabilities or terminal illnesses and single parents in preparing a will and power of attorney.  The Hamilton Pro Bono Project is a joint initiative of Dundurn Community Legal Services, Hamilton Mountain Legal & Community Services, and McQuesten Legal & Community Services in partnership with the Hamilton Law Association.

Who can access the service? 

There is a financial eligibility requirement for this free legal service which will be assessed by a Project Intake Coordinator volunteer.

What are the steps? 

• Leave a message with your contact information.  It may take up to two weeks before you receive a call back. 
  
• A Project volunteer will contact you to asses your financial eligibility.  
  
• If eligible for the service you will be matched with a volunteer lawyer. 
  
• The Project volunteer will set up an agreed upon appointment date and time with the lawyer and you.  
  
• You will receive a letter of eligibility and confirmation, a meeting date and time and the lawyer’s contact information.  
  
• You and the lawyer meet and the lawyer will assist in the preparing of your Will and/or Power of Attorney. 
  
• After you have met with the lawyer a Project volunteer will send you an evaluation form to fill out and return to the Project. 

How long will it take? 

The Pro Bono Project is run entirely by volunteers and it takes 6 weeks or more to complete the steps. The service is not set up to deal with situations that need immediate attention but will do its best to assist. 

What are my responsibilities?  

• Keep in touch! 
• Provide the Project volunteer with current contact information. 
• Remember, everyone helping to provide you the service is a volunteer.  

For more information contact: Hamilton Pro Bono Project Telephone Number: 905-575-9590, ext. 228 

E-mail: hamprobono@lao.on.ca          

Helpful Definitions

The following is intended for use as general information. It is not legal advice or legal authority. If you have inquiries as to legal proceedings, or if you would like more detailed information regarding legislation, you should consult a lawyer. 

What is a Will? 

A Will is a document that you prepare which says what you want done with your property, possessions, belongings (called your "estate") after you die.  It also names the person who you want to carry out the terms of your Will (called your "executor"). A Will is important because it simplifies matters upon your death and makes sure that your property passes to those people that you want to get it. Anyone over 18 years of age can make a Will.  When you make a Will, the law says that you have to be of "sound mind".  Sound mind means that you do not have a mental impairment that stops you from knowing what you are doing. 

What is a Power of Attorney? 

A Power of Attorney is a legal document that gives someone else the right to act on your behalf. 

What does the term “attorney” mean? 

The term refers to the person or persons you have chosen to act on your behalf who is called your “attorney”.  They do not have to be a lawyer.  

Are there different kinds of Power of Attorney? 

Yes.  In Ontario there are three kinds of Power of Attorney.  A Power of Attorney for Personal Care, a Continuing Power of Attorney for Property and a non-continuing Power of Attorney. The Pro Bono Project only deals with Power of Attorney for Personal Care and Continuing Power of Attorney for Property.

What is a "power of attorney for personal care"? 

A power of attorney for personal care is a legal document in which you name a person to make decisions about your medical and other care when you become unable to make those decisions yourself. A power of attorney allows you to choose the person who will make decisions for you if you become incapable to make those decisions. You may give a power of attorney if you are at least 16 years old and are capable to do so. You are capable of giving a power of attorney if you are able to understand whether your attorney has a genuine concern for you and that they may make personal care decisions for you, if necessary.

What is a “continuing power of attorney for property”?

A power of attorney for property is a legal document in which you name a person to make decisions about your money and other assets on your behalf. (You may also have a power of attorney for personal care in which you name a person to make decisions for you about medical care).  A power of attorney allows you to select the person you would like to make decisions for you. A continuing power of attorney allows the person you named as attorney to manage your finances if you are found incapable to do so. You may give a power of attorney if you are at least 18 years old and if you are capable to do so. You are capable of giving a power of attorney if you understand the kind and value of your property, the obligations you have to your dependents and the role of the person named as the attorney.