Power of Attorney

Total 163 Posts

New Privacy Legislation Aims to Address Digital Assets in Estate Administration

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Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or personal representatives any powers or capabilities with respect to the disclosure of a testator’s personal information. However, in November 2020,….

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Contracts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Power of Attorney, Property

Power of Attorney for Property: The other sign of the coin

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This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In my previous blog, Road Testing your Incapacity Plan, I reviewed incapacity planning from the point of view of the Grantor (the person appointing the attorney) in the Continuing Power of Attorney for Property (CPA). Now, I want to look at CPA from the other side of the coin; namely from the point of view….

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Power of Attorney, Uncategorized

Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care

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Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make a contract, a gift, or execute a will; to marry, divorce and/or reconcile. In healthcare, clinicians are confronted mostly with….

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Capacity Law, Disability, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence

Can Section 3 Counsel be Summoned for Examination?

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Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Gift Ideas for the Freshman in the Family

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This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management As we approach mid-August, many students (and parents) have turned their minds to the new school year. Although this year post-secondary education may look slightly different for many students with the switch to online learning, it is nevertheless a milestone worth celebrating. This author has taken the liberty of compiling some gift ideas for young adults….

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Power of Attorney, Property, Uncategorized, Wills

Guardian of Personal Care: Step Up or Step Out

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While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants…..

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