July 2019

What an Attorney for Personal Care Can Do

In Ontario, a power of attorney for personal care is defined in the Substitute Decisions Act (SDA) and allows the appointed attorney to act as the substitute decision maker (SDM) for an incapable person. The appointed attorney is given the authority to make decisions such as: medical treatments, admission to a care facility, or hiring a personal assistance service. Where there is no appointed attorney for personal care, the Health….

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Thou Shall or Thou Mayest- You Choose

Honour thy mother and thy father- a familiar refrain that we learnt as part of the Ten Commandments.  Growing up in the 60’s and 70’s, this really was not something we had a choice in- it was expected. Many boomer caregivers today feel this continued expectation when it comes to providing care to an aged parent or other relative.  I am not so sure this is felt or experienced the….

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Caregiving

I’m Only 20, Why do I need a Will

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. Disney child star Cameron Boyce, who is best known for his role in movies such as “Grown Ups” and “Grown Ups 2” as well as his role in the Disney Channel movie, “Descendants” and the television show, “Jessie”, died suddenly and tragically on July 6, 2019…..

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Estate Planning, Family Conflict, Wills

Donor Recognition: Servants, Saints and Super Heroes

In 15th and 16th century Europe donor recognition was negotiable. The biggest donors gave to the church, but the best way to be recognized in a durable way was to underwrite religious art. Albrecht Dürer’s circa 1500 triptych, the Paumgartner Altarpiece, is one of the most arresting examples of the complex dynamic that did, and still does, shape the process of showing gratitude to donors. Donors as Servants The main….

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Charitable Giving, Estate Planning, Philanthropy/Charitable Giving

Tenancy and Equitable Ownership – You Can Have it All!

Can you be a tenant and an equitable owner of a property? Absolutely! Read how you can have it all in Warraich v Choudhry et al, 2019 ONSC 2656. In March 2012, Choudhry purchased a property for $519,000.00. In April 2012, Warraich, one of Choudhry’s friends, moved into the property with his family. As sometimes happens, the friendship broke down. When he was asked to move out, Warraich commenced an….

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Joint Tenancy, Property, Real Estate, Resulting Trust, Small Business, Trusts
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