guardianship

When Capacity Crosses Borders: Ontario Gives Effect to a Foreign Guardianship Order

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This blog post was written by Mohena Singh, Associate at Fasken LLP. Cross-border capacity and guardianship issues are becoming increasingly common as families, assets, and caregiving arrangements span jurisdictions. In Abitbol v. Abitbol, 2026 ONSC 1636, the Ontario Superior Court of Justice confirmed that a foreign guardianship order issued outside Canada may be recognized and enforced in Ontario under common law principles, even where the resealing provisions of Ontario’s Substitute….

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Guardianship

Dear Parents of Young Children, please don’t delay your will planning because you can’t choose a guardian for your minor children

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This blog has been written by Karen La Caprara, Counsel at Fasken LLP When I speak with parents of young children who don’t have wills in place, the most common reason I hear for their delinquency is not that they’re too busy, that it’s too expensive or that they don’t have significant assets. It’s that they can’t decide or agree on who would be the guardian[i] of their minor children….

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Estate Planning, Guardianship, Trustee, Wills

New Arrival, New Will

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Earlier this week, our group gathered to celebrate our colleague’s impending arrival of a new baby. It was a delightful occasion, with cake, presents, and well-wishes. Of course, conversation naturally turned to the preparations that our team member has made for her new addition. Parents-to-be typically spend a lot of time (and money) preparing for the arrival of a child.  They furnish a nursery, fill the freezer with casseroles, test-drive….

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Estate Planning, Guardianship, Trustee, Trusts, Wills

Children are not Chattels: Who Cares for a Child when a Primary Caregiver Dies?

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In Marshall vs. Snow, the court was asked to determine who should be awarded primary custody of a minor child following the death of her mother (the child’s primary caregiver). Prior to the mother’s death, the child’s father and mother shared joint custody but not equal parenting time or decision-making rights with the mother having final decision-making authority.  The child also resided with and was close to her maternal grandparents. A….

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Guardianship

Who Can Be a Litigation Guardian?

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A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to be appointed his mother’s litigation guardian.  Shady alleged that his brother, Mohammed, used a false power of attorney document to….

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Guardianship, Powers Of Attorney and Guardianship Disputes

Guardian of Personal Care: Step Up or Step Out

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While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants…..

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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