POA

You can’t choose your family but you can choose your friends

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Further to my fellow blogger’s April 4, 2021 read, I thought I would continue the discussion on the importance of appointing an attorney for property and my particular area of interest, care.  Have you ever wondered what would happen if you didn’t have a family member who could assume the role of power of attorney for care and finance? Who would look after your best interests and keep your personal wishes….

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Caregiving, Power of Attorney

Power of Attorney Disputes: Effective Capacity Assessments

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I was honoured to moderate a panel today at the Advocates’ Society’s CPD today “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute” (which will be available for purchase online in a couple of months as a webcast archive at TAS’ website). Justices McEwen and Pattillo both spoke and both justices agreed that Justice Penny’s recent decision in Adler v. Gregor, 2019 ONSC 3037 should be….

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Capacity Law, Elder Law, Guardianship, Power of Attorney

Difficult Conversations: With Our Children

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All of the writers (and presumably the readers as well) know the importance of having their ‘important paper’ work completed. For me, most importantly this means completing Powers of Attorney for both Property and Personal care as well as Advanced Care Directives. For you, perhaps the ‘most importantly’ may be the Will, but regardless we can all agree that these are all key documents for living (and for dying) well…..

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Power of Attorney, Wills

November is ‘ get your stuff’ together!

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My fellow bloggers and I write frequently about Powers of Attorney, however my concerns are often focused on the lack of planning when it comes to making Powers of Attorney for both Personal Care and Property. More specifically, although I do not have any statistical data, my subject matter experience tells me that people are more likely to have an attorney named solely for property than having both or only….

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Power of Attorney

Determining Capacity. They Actually Have An App For That!

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I had the pleasure of attending a very interesting presentation on ‘Legal Capacity Assessment Panel Discussion & Technology Demonstration’ that may very well change the face of estate litigation by addressing the question of whether the individual was capable at the time of signing legal documents. I am involved in many situations where there has been a dispute questioning the older person’s capacity at the time of appointing an attorney….

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Capacity Law

What Gets Your Spidey Sense Tingling?

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If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will, naming this individual as a beneficiary? Would you be concerned then; and if so, what can you do? Would you….

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Capacity Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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