Power of Attorney

Total 163 Posts

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills

One Conversation Can Make All The Difference

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Last week I shared that as of April 19, 2020, there were 112 long-term care homes in Ontario  impacted by COVID-19 outbreaks and as of April 26, there are now 147 facilities affected with 654 confirmed resident deaths. This number is staggering. What I do understand is that many of these individuals are dying without their families close by.  What I am not sure about is how many had advance….

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Caregiving, Elder Care, Geriatric Care Management, Power of Attorney

COVID-19: Virtual Witnessing of Wills and POAs Now Allowed

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It is no surprise that many people are contemplating their own mortalities during the COVID-19 pandemic and wish to make a will. However, the existing laws are particularly unsuited to making wills in a time of social distancing; it will usually be impossible or unsafe to have two people witness the signing of the will in person. Helpfully, the Ontario government has now stepped in to allow for virtual witnessing….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized, Wills

Elder Financial Abuse During COVID-19

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A few weeks ago, I came across a media article about elder financial abuse involving the use of a power of attorney. In my view, this issue has even greater relevance today in light of the current COVID-19 lockdown, and the resulting physical isolation of our vulnerable seniors. The Story In 2016, 94-year-old Christina Fisher was living independently in an apartment in downtown Toronto. Christina was in the early stages….

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Elder Law, Estate Planning, Family Conflict, In the News, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Property, Trustee

Enduring POAs and Gathering Bank Accounts

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This blog was written by Suzanne Singh A Power of Attorney is a document that can bestow a wide range of powers to a named party or parties (the Attorney) by an individual (the Donor). POAs may be special or limited in their scope, or enduring in nature where they continue beyond the mental incapacity of the Donor. This blog deals with enduring POAs where the Donor can no longer….

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Estate Administration, Power of Attorney

No Passing of Accounts Unless “Significant Concern”

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Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to require Donald and Douglas to pass their accounts as their parents’ attorneys for property. The application judge dismissed their application,….

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