December 2015

The Hidden Patient

Did you see Steve Paiken’s The Agenda and their show on The Hidden Patient? A few reminders: there are 6 million working caregivers in Canada which means that 35% of working Canadians are caregivers. Twenty percent of working caregivers have health issues. Employers have to do a better job of understanding the role of being a caregiver and realize that their most important asset- their employees- need help to be able to focus on their job. Win – Win. We know that family caregivers are stressed. They worry and they also feel guilty…..

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Elder Care, Elder Law, Geriatric Care Management, In the News

Update on End of Life

By now most of  us have heard that the Trudeau government is asking the Supreme Court to grant a six months extension to the deadline imposed last year as part of the Carter decision (see 2015 SCC 5). What this means is still unclear but adds to the speculation that the Trudeau government will be doing something about this issue – after further consultation, rather than just letting the Criminal….

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Capacity Law, Elder Care, Elder Law, Estate Planning, Geriatric Care Management, Power of Attorney

Acting as (Unofficial) Attorney for Property

Power of attorney (“POA”) documents are a way of officially granting an agent (the “attorney”) the power to manage your affairs, most commonly your finances or personal care. POAs allow the attorney to step in and handle a wide variety of issues on your behalf, whether you (the “grantor”) anticipated those issues arising or not. While acting pursuant to a POA, the attorney owes you a “fiduciary duty,” which means….

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Attorney Compensation, Compensation, Power of Attorney, Trustee Compensation

U. S. Estate Tax Closing Letter

Canadian taxpayers are accustomed to receiving a notice of assessment after filing a tax return. In the federal context, a Notice of Assessment, is a statement from the Canada Revenue Agency notifying the taxpayer of among other items the amount of tax they owe, if any, the amount of tax already paid, if any, and tax credits received.

What if that return was a U. S. estate tax return to report an interest in U. S. situs property?….

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Canada Revenue Agency, Estate Administration, Estate Planning, Trustee, United States
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