This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth Friends, I’ve got to call it straight, this has been a tough year. Mentally taxing, if you will. Perhaps they all are in their own way, but this one was particularly hard. Life was great, don’t get…
A report released in early 2024 reported that the average adult internet user spends six hours and 40 minutes every day online.[1] The typical social media user spends just shy of two and a half hours on social media per day.[2] Though some internet and social media use can of…
The blog post, Why You Need a POA When You Are Alive, explored the importance of appointing Powers of Attorney for Property and for Personal Care. While a Will may anchor an estate plan for distributing assets after you have passed, you will need a substitute decision-maker in place if…
November is Make a Will month. It is reported that more than 55% of Canadians are without a Will. Still, it is a must-have for anyone with property or assets. While a Will may anchor an estate plan, it is only executed when you pass away. Even more compelling is…
This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth Whether it’s a Power of Attorney (POA) for Property document, a joint account, or a bare trust relationship, if a U.S. person’s involved, things can get complicated quickly. Canadians without U.S. ties can find themselves and their…
Elder care gaps occur as family structures change, and there may be unanticipated and challenging consequences. For parents who have long divorced, those who have remarried, and those with blended families, this may mean that adult children are now dealing with three or more parents and stepparents. As the caregiver…
This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named…
In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving)…
Recently, an elderly patient suffering from moderate-to-advanced stage dementia, with behavioural complications, was hospitalized on a psychiatric admission. The patient, who was declared incapable to consent to treatment, was initially held involuntarily under the Mental Health Act, RSO 1990, C M.7 (the “MHA”). The patient had appointed a cousin as…
On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to…