Power of Attorney

Total 163 Posts

Capacity to Consent to MAiD: A Suggestion For Amendment

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I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

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Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence

Powers of Attorney: Whose Decision Is It Anyway?

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management Is your caregiver the best person to make financial and property related decisions for you? Should these roles be filled by different people with unique skill sets? Will your caregiver respect the input and decisions of your financial decision-maker? There are many posts and articles highlighting considerations for a testator when making their Will, and the….

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Power of Attorney, Powers Of Attorney and Guardianship Disputes

Passing of Accounts when the Grantor is Presumed Capable

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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….

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

Dementia, Health Law and Discharge Planning Challenges

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A clinical dilemma: a patient was diagnosed with dementia in the mild-to-moderate stage requested to be discharged home from hospital to live alone despite the opinion of the attorney for personal care and property that the patient is unsafe to do so. The clinical opinion was also that the patient could not live independently safely. This resulted in the need to confine the patient in hospital involuntarily under the Mental….

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

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Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when it comes to managing corporate assets?’ This blog discusses considerations that may be helpful in working your way through this….

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Power of Attorney

The Importance of Fiduciary Duties

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The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1) act in the best interests of the beneficiary, (2) not put their own interests ahead of the beneficiary, and (3)….

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Elder Care, Elder Law, Fiduciary Professions, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee
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