Estate Planning

Continuing from my previous blog, the subject of Power of Attorney for Personal Care continues to require our attention. Fellow blogger Paul Fensom reviewed in his April 23, 2014 blog the results of the Scotia Poll finding that only 33% of respondents had a POA for property. My strong suspicion is that it is even less for personal care POA’s. Ontarians are gamblers. Plain and simple. If you don’t consider….

The Canadian Medical Association, the national organization representing most Canadian physicians, released its report on End of Life Care in June 2014. This is an issue that has seen nationwide dialogue recently and the release of this report confirms that this dialogue will continue. The CMA made a few recommendations, the main one being that, “all Canadians should discuss end-of-life wishes with their families or other loved ones.”  This is….

I am very pleased to join the Allaboutestates blog to add a perspective on the role of the physician in estate matters. I recall vividly the first time I was asked in court: “Dr. Shulman, in your opinion did Mr. X have testamentary capacity at the time he executed his last Will?” Before I could answer, the judge lowered his reading glasses and looked down at me from above and….

I think it is safe to say that the concept of “family” is a foundational principle in estate planning. I think it is also safe to say that, when asked, all of us would have a very clear understanding of what is meant by the term “family”. Unfortunately, unlike “children”, “issue” and other well-defined relationships, the word “family” is not a legal term of art. Its meaning is inevitably dependent….

My fellow blogger, Jasmine Sweatman addressed the important question of why people are reluctant to appoint powers of attorney. In her May 29, 2014 blog she wrote: “Quite often clients believe that if equally ranked substitute decision makers disagree, then either the majority rules or the eldest is given decision-making authority, which is not the case. Equally ranked substitute decision makers must agree and, if not, they must resort to mechanisms….