POA Compensation

Total 6 Posts

Account! Account! Account!

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Anna Chen, associate Gowling WLG (Canada) LLP The importance of a fiduciary (whether a trustee, an attorney for property or an estate trustee) to keep proper books of account cannot be understated.  This is an obligation required of the fiduciary to prove he or she administered the trust, property or estate prudently and honestly.  The importance of keeping accounts and the consequence of not doing so have been addressed again….

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

Record Keeping as an Attorney for Property

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In Ventura v Ventura, 2022 ONSC 6351 (“Ventura”), the Court dealt with a number of issues relating to the duties and obligations of attorneys for property. In Ventura, “A”, “L”, and “E” were appointed as joint attorneys for property and personal care of their mother, “M”. In 2012, M was diagnosed with dementia. Around the same time, A sold his home and moved himself and his family into M’s home…..

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Attorney Compensation, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

No Costs For You!

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The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth MacKenzie (“John”). Litigation was commenced in October 2017 by Jacqueline pursuant to the Substitute Decisions Act to be appointed as….

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Capacity Law, Costs, Courts, Elder Care, Elder Law, Estate Litigation, Family Conflict, Guardianship, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Finally, A Nice Passing of Accounts

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Passings of accounts can often be bitter and vicious. However, the case of Daniel Estate (Re), 2019 ONSC 2790 was a welcome “good news” alternative to the standard slugfest. Linda and Ted cared for their elderly neighbours Isabel and Wayne for over two decades. The court noted that their relationship was akin to that of “loyal and dutiful family members.” Isabel and Wayne’s daughter had passed away and they had….

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Attorney Compensation, Compensation, Estate Administration, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

My Best Interests, and Yours Too?

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The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had two daughters, Nellie Galvano (“Nellie”) and Giuseppina Bucci (“Giuseppina”), who died in 2007. Giuseppina had two daughters, Rosa Pignatelli and….

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Attorney Compensation, Capacity Law, Caregiving, Compensation, Contracts, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

POA versus Executor Compensation

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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
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