Power of Attorney

Total 164 Posts

Trustee’s Personal Liability – It Could Go on for Years!

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Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children of her own and Mr. Craymer had four adult children. The Craymers were married for thirty-two years until Mrs. Craymer….

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Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized

Power of Attorney Disputes: Effective Capacity Assessments

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I was honoured to moderate a panel today at the Advocates’ Society’s CPD today “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute” (which will be available for purchase online in a couple of months as a webcast archive at TAS’ website). Justices McEwen and Pattillo both spoke and both justices agreed that Justice Penny’s recent decision in Adler v. Gregor, 2019 ONSC 3037 should be….

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Capacity Law, Elder Law, Guardianship, Power of Attorney

Attorney for Personal Care = Big Responsibility

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My colleague Dr. Shulman in his July 30, 2019 blog “What an Attorney for Personal Care Can Do” described the roles of the substitute decision maker and the very important part they play in ensuring their loved one’s wellbeing. I have used ‘loved one’ but actually in many cases, the individual chosen is not a family member and love may not be part of the equation at all. It is….

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Power of Attorney

What an Attorney for Personal Care Can Do

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In Ontario, a power of attorney for personal care is defined in the Substitute Decisions Act (SDA) and allows the appointed attorney to act as the substitute decision maker (SDM) for an incapable person. The appointed attorney is given the authority to make decisions such as: medical treatments, admission to a care facility, or hiring a personal assistance service. Where there is no appointed attorney for personal care, the Health….

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

Elder Abuse: When The Numbers Don’t Add Up.

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June 15 is World Elder Abuse Awareness Day. I continue to be saddened by the many different ways that elders can be taken advantage of.   Financial abuse is one of the types identified, included with physical and emotional abuse as well as with neglect. There are some telltale signs that your parent may be having difficulties managing their own finances. The obvious signs are easy to spot, including unpaid bills,….

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Elder Care, Power of Attorney, Uncategorized

Incapable People and Limitation Periods

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When does the limitation period start running regarding an incapable person who does not have a formal litigation guardian? Despite the language of the Limitations Act, 2002, a court found in Rekowski v. Renfrew (County), 2019 ONSC 2852 that the answer to this question is not clear. In 2009, Kenneth was injured in a car accident, suffering a catastrophic brain injury. The driver of the other car sued Kenneth in 2011….

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Capacity Law, Power of Attorney
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