Power of Attorney

Total 164 Posts

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

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

When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

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I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when her property sustained water damage. A plumber determined that the pipes servicing a bathroom sink had a crack in the….

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Capacity Law, Caregiving, Disability, Elder Care, Estate Administration, Estate Planning, Executors, Geriatric Care Management, In the News, Insurance, Power of Attorney, Property, Testamentary Capacity, Trustee

The Role of the PGT – When, Why and How?

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While estate lawyers are often presented with files that impact upon the rights of an incapable person, it is important to understand when, why and how the Public Guardian and Trustee (the “PGT”) becomes involved with such disputes. As noted on its website, and in general, the PGT acts as litigation guardian of last resort for parties under legal disability involved in civil litigation (and as a legal representative of….

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Estate Litigation, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

Suggestions to Reduce the Potential for Elder Financial Abuse

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I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property…..

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Capacity Law, Caregiving, Elder Care, Estate Planning, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes

You can’t choose your family but you can choose your friends

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Further to my fellow blogger’s April 4, 2021 read, I thought I would continue the discussion on the importance of appointing an attorney for property and my particular area of interest, care.  Have you ever wondered what would happen if you didn’t have a family member who could assume the role of power of attorney for care and finance? Who would look after your best interests and keep your personal wishes….

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Caregiving, Power of Attorney
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