Can a Power of Attorney for Property Change a Beneficiary Designation?

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Powers of attorney can be an area of confusion for those clients looking to create or update their estate plans. Clients can be uncertain as to what kinds of duties and responsibilities someone appointed under a power of attorney may have. Similarly, some clients are unsure of how beneficiary designations impact their estate plan. Today, I would….

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Estate Donations, Estate Planning, Power of Attorney, Succession Planning, Uncategorized, Wills

Royalties She Wrote: Angela Lansbury, Jessica Fletcher and literary executors

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This Blog was written by Jane Martin, Scotia Wealth Management The recent passing of Angela Lansbury has me engulfed in an impromptu “Murder She Wrote” festival, and like any good estate planning professional (tell me I am not alone in this), I’ve been thinking about whether fictional Jessica Fletcher had her affairs in order. WE all remember Jessica don’t we? The mystery-author/amateur sleuth, played with witty aplomb by Angela Lansbury, who….

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Executors, In the News, Uncategorized

Passing Estate Accounts – It Will Cost You (One Way or Another)

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Generally speaking, the beneficiary of an estate has the right to compel an estate trustee to commence an application to pass the estate accounts, which process is to be carried out in accordance with Rules 74.16-75.18 of the Ontario Rules of Civil Procedure. As with any litigation, the question of who pays for what and when often arises in the context of accounting proceedings. Below is a brief overview of….

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Uncategorized

Time to take our heads out of the sand and embrace the challenges and gifts of dementia care

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Guest blogger: Sasha Adler MSW, RSW (clinical manager with Elder Caring Inc.) CanAge, just released a startling report  that assesses Canada’s level of preparedness for the “massive influx of dementia patients that experts warn is set to overwhelm our health care system in the coming years”. To help visualize this “massive influx”, our “lack of preparedness” and our lack of prioritizing the issue, the report shares: “If the true number….

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Caregiving, Elder Care

Update on Suggested Amendment for Capacity to Consent to MAiD

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I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..

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Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence
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