Introduction

Getting our lives in order is something we hear discussed often. Eating the right foods and making sure we get sufficient rest for our bodies are frequently suggested ways of bringing improvement to our lives. Becoming involved with a faith community such as the Metropolitan Community Church of Toronto is another way of helping to improve our quality of life. However, as well as taking care of our bodies, we must also plan to take care of our possessions and loved ones as well as plan for changes in our lives. Getting our personal affairs in order is high on the list of ways of improving the quality of our lives.

There are five areas of an individual's life that should be reviewed yearly to ensure his or her life is in order.

These are:

• making a will or reviewing the old one and updating it if necessary;
  
• appointing Powers of Attorney for Property and Powers of Attorney For Personal Care;
  
• reviewing insurance coverage for disability and death; and
  
• if you are getting married, or starting a relationship, consider the benefits of a marriage contract or domestic agreement; and if you are separated, or your relationship is ending, get your affairs settled conclusively between you and your former partner by a written agreement, including division of assets, support and custody of children.

Making a Will

A Will provides the opportunity to name your Estate Trustees and describes how your estate is to be wound up. The Estate Trustee manages the estate, carries out your funeral instructions, makes sure all provisions of your Will are followed, pays the taxes and expenses of the estate, and clears up the debts of the deceased.

Powers of Attorney

Powers of Attorney give persons designated by you the authority to make decisions and conduct your affairs if you become unable to do these things for yourself.

Appointing a Continuing Power of Attorney For Property means that someone can take care of your assets, if, for example, you have an accident and end up in a coma or even if you require an extended stay in hospital. If you choose not to appoint a Continuing Power of Attorney For Property and become unable to take care of your assets, the Public Trustee is likely to step in and take over. Otherwise your family or friends will have to go to court to take control and pay the legal bills while at the same time managing to pay all of your
other bills to preserve your assets.

The companion to the Power of Attorney For Property is the Power of Attorney For Personal Care. A Power of Attorney For Personal Care allows someone to make medical decisions for you in the event you cannot make them for yourself. If you wish, a medical directive can be included in the Power of Attorney For Personal Care that takes the place of a "Living Will." Living Wills state your wish not to be kept alive in the face of immediate death by means of certain "heroic measures" or artificial life support systems.

Insurance

Life insurance and disability insurance can provide cash to pay for necessities at times when your ability to provide cash is impaired or impossible due to circumstances beyond your control. Life insurance can be bought at different times in a person's life and for different reasons. People buy life insurance when they are young to create an instant estate when it may be important to provide money for survivors. As people accumulate assets, insurance becomes not just a way to create an estate, but a way to conserve an estate so
it can be passed to beneficiaries intact. These funds can be used to pay off debts or to provide a source of income if you become disabled and can no longer work.

Marriage Contract or Domestic Agreement

A marriage contract or domestic agreement provides a framework within which you and your partner agree on certain aspects of your relationship. By agreeing with your partner and then having the agreement recorded in a contract, both of you are able to concentrate on improving your relationship. Most family law matters are resolved by settlement. The settlement may occur without the necessity of starting litigation, or may be reached at some stage of a lawsuit. In either case, the settlement is brought about by a written agreement
between the parties. This type of agreement is called a "domestic contract." It is a defined term in the Family Law Act which currently deals with heterosexual relationships. The Family Law Act is increasingly looked to for direction in determining rights and obligations arising from homosexual relationships as well

There are three types of contract that fall into the broad category of domestic contracts.

These are:

1. separation agreements,
   
2. cohabitation agreements and
   
3. marriage contracts.

Separation agreements are entered into by parties who have cohabited and are now living separate and apart. The agreements may deal with any matter that is relevant to the settlement of the parties' affairs.

A Separation Agreement is intended to end a relationship by completing issues affecting the separating couple and then allowing both parties to get on with their lives. For those of you who are married, a Separation Agreement can be a means of settling outstanding issues, but only obtaining a divorce can ensure there are no lingering effects that will show up later at a time when dealing with these effects could be difficult or impossible.

Cohabitation agreements are entered into by parties who are cohabiting, or are about to cohabit. These agreements may deal with any issue that may arise during cohabitation, or may arise on separation, except for custody of or access to children.

Marriage contracts are agreements between a man and a woman who are already married or about to be married to each other. They are slightly more restrictive than cohabitation agreements. Marriage contracts can deal with any issue that may arise during cohabitation or may arise on marriage breakdown, except custody of or access to children. In addition, in a marriage contract, any provision which attempts to limit a spouse's rights concerning the Matrimonial Home under Part II of the Family Law Act is unenforceable.

All of these domestic contracts are formal legal agreements and should deal with legally enforceable issues. Their purpose is to deal with the fundamental legal issues that arise out of the relationship: children (except in cohabitation and marriage contracts), money (support), and property. Ancillary matters arising from these broad categories are appropriately dealt with as well. The contracts may deal with these rights during cohabitation (in the case of marriage and cohabitation agreements), on separation or death. Typical ancillary matters would include such things as termination of support for a spouse or child, maintenance of health or dental benefits or other insurance, payment of direct expenses for a spouse or child, income tax considerations or the like.

Any provision that cannot be legally enforced if breached should be avoided. Thus, clauses dealing with how household chores will be shared, or the timing of pregnancies and similar provisions should not be included. For further advice and assistance in completing the documents outlined above, you should contact a lawyer so that you discuss their implications with an expert.