Attorney Compensation | All About Estates

LCO Releases Report on Capacity, Decision-making and Guardianship Laws

Diane Vieira • March 15, 2017 • 2 Comments

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….

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Attorney Compensation, Capacity Law, Elder Law, Fiduciary Professions, Power of Attorney, Powers Of Attorney and Guardianship Disputes

No limitation period for attorney compensation

Jacob Kaufman • January 4, 2017

What is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage, the attorney for property brought an application to pass her accounts almost two years after the death of the grantor….

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Attorney Compensation, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney

Acting as (Unofficial) Attorney for Property

Gillian Fournie • December 4, 2015

Power of attorney (“POA”) documents are a way of officially granting an agent (the “attorney”) the power to manage your affairs, most commonly your finances or personal care. POAs allow the attorney to step in and handle a wide variety of issues on your behalf, whether you (the “grantor”) anticipated those issues arising or not. While acting pursuant to a POA, the attorney owes you a “fiduciary duty,” which means….

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Attorney Compensation, Compensation, Power of Attorney, Trustee Compensation

POA versus Executor Compensation

Angela Casey • October 2, 2015

On Tuesday, September 29, I spoke at an OBA program entitled “The Family Business: Administration and Litigation of Trusts and Estates Holding Business Assets.” At the end of the program, there was an interesting discussion about the distinction between compensation for estate trustees and compensation for POAs or guardians of property appointed pursuant to the Substitute Decisions Act (“SDA”). A regulation to the SDA sets out the prescribed rates of….

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Attorney Compensation, Compensation, Executors, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Trustee, Trustee Compensation