Power of Attorney

Total 162 Posts

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

Finally, A Nice Passing of Accounts

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Passings of accounts can often be bitter and vicious. However, the case of Daniel Estate (Re), 2019 ONSC 2790 was a welcome “good news” alternative to the standard slugfest. Linda and Ted cared for their elderly neighbours Isabel and Wayne for over two decades. The court noted that their relationship was akin to that of “loyal and dutiful family members.” Isabel and Wayne’s daughter had passed away and they had….

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Attorney Compensation, Compensation, Estate Administration, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

It Ain’t Over Til It’s Over*

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A “passing of accounts” refers to the process of formally preparing and presenting accounts to the beneficiaries and the court. The accounts are either approved (i.e., “passed”) in the form presented, amended by court order and passed in revised form, or not passed because the court is not satisfied with the accounts or some aspect of the administration of the estate or property being managed by a fiduciary. Pursuant to….

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