This blog post has been written by Darren G. Lund, Partner at Fasken LLP With the holiday season having only recently passed (although in many ways it feels like a long time ago already), I am reminded of how easy it is for news items to get lost in the hustle and bustle of year-end planning and preparations. In the estate planning world, this past year-end contained a welcome development….
This blog has been written by Pritika Deepak, Associate at Fasken LLP. In the continuation of the discussion on Powers of Attorney for Property (“POAs”) in Ontario, it is important to understand the nuances of drafting and executing these documents to ensure their validity and effectiveness. As mentioned in Part I of this series, which can be found here, Ontario recognizes POAs under common law, the Powers of Attorney Act[1]….
Powers of Attorney for Property – Part II: Creation and Termination Essentials Continue Reading »
Power of Attorney
In Winkler v. Thompson, the court considered whether a niece who held a power of attorney for property for her uncle (the “Deceased”) but insisted that she never acted in a fiduciary capacity for the Deceased should have to pass her accounts. The Deceased was survived by his estranged spouse (“Ilse”) and his niece (“Crystal”). Crystal agreed to pass her accounts when requested to by Ilse. Crystal, who held a….
Passing of Accounts when the Grantor is Presumed Capable Continue Reading »
Passing Of Trustees’ and Executors’ Accounts, Power of Attorney
In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier decision that was under appeal. The appellant, Ms. Green, was an estate trustee who administered her brother’s estate. One of the beneficiaries of the estate was her estranged sister, Ms. Foisey. Ms…..
Divisional Court Sets Aside Decision Ordering a Passing of Accounts Continue Reading »
Elder Law, Estate Administration, Estate Litigation
Last week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and the Mental Health Act (“MHA”). The report makes 58 recommendations to address issues such as financial elder abuse, misuse of….
LCO Releases Report on Capacity, Decision-making and Guardianship Laws Continue Reading »
Attorney Compensation, Capacity Law, Elder Law, Fiduciary Professions, Power of Attorney, Powers Of Attorney and Guardianship Disputes