Evelyn and Carter have been married for 46 years. They are in their retirement and have 2 kids that are financially independent. They have five grandchildren, all under the age of 10. Carter is in good health. Evelyn is also in good physical health but her family has a history of dementia and she is starting to show signs of the condition. They live in Ontario.

Both Evelyn and Carter have continuing powers of attorney for personal care and financial affairs naming each other to act should it be needed. Their continuing powers of attorney only become effective if they are deemed incapable of making their own decisions.

Evelyn has a will naming Carter as Executor. Carter does not have a will.

Required:

1. Explain how Evelyns powers of attorney applies if Evelyn is deemed incapable. (3 marks)
2. Explain how Carters estate will be distributed upon his passing. (3 marks)