My colleague’s blog on August 5 was titled: “Do I Really Need A Power of Attorney?” Let me add my loud response of ‘YES YOU DO’ because if you don’t, your wishes of how you want to live your life, will likely not be heard. This is the reality for many who have no one to advocate for them and ultimately, when they are no longer capable, the last chapter….
YES YOU REALLY DO NEED A POWER OF ATTORNEY…… Continue Reading »
Power of Attorney
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….
You can’t choose your family but you can choose your friends Continue Reading »
Caregiving, Power of Attorney
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….
November is Make A Will & Power of Attorney Month Continue Reading »
Power of Attorney
Under the Heath Care and Consent Act (“HCCA”), every person in Ontario has an automatic Substitute Decision-Maker (“SDM”) who can provide or refuse consent to medical treatment if the person becomes incapable of providing consent. However, there is still a great amount of confusion about SDMs and who they are, especially when a person has not appointed an attorney for personal care. Under s. 20 (1) of the HCCA, the….
Who is Your Substitute Decision-Maker? Continue Reading »
Power of Attorney, Powers Of Attorney and Guardianship Disputes
I had the pleasure of recently attending the B’nai Brith Canada Estates and Trusts Group annual seminar, titled Power of Attorney Disputes. It was a wonderful opportunity to watch some of Ontario’s finest estate lawyers play different roles (feuding siblings and mediator) as well as hear their professional perspective on various aspects of Power of Attorney disputes regarding questionable capacity, accounting issues, estate trustees and sexual consent. While the focus….
Family Meetings and Power of Attorney for Personal Care Continue Reading »
Elder Care, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Further to my colleague Diane Vieira’s March 15, 2017 blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a few changes including: Many of our older clients have outlived their family and friends We are also seeing an increase….
The Times Are A Changing and Our Laws & Policies Should Too Continue Reading »
Capacity Law, Elder Law, Geriatric Care Management, Power of Attorney