Power of Attorney

Total 163 Posts

Understanding the Role of Section 3 Counsel

• • 0 Comments

The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon the Court’s analysis of the role played by counsel appointed under section 3 of the Substitute Decisions Act, 1992 (the….

Understanding the Role of Section 3 Counsel Continue Reading »

Capacity Law, Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Difficult Conversations: With Our Children

• • 1 Comment

All of the writers (and presumably the readers as well) know the importance of having their ‘important paper’ work completed. For me, most importantly this means completing Powers of Attorney for both Property and Personal care as well as Advanced Care Directives. For you, perhaps the ‘most importantly’ may be the Will, but regardless we can all agree that these are all key documents for living (and for dying) well…..

Difficult Conversations: With Our Children Continue Reading »

Power of Attorney, Wills

Time to Update Your General Power of Attorney for Property

• • 1 Comment

This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management.  Some readers may ask the question, what’s the difference between a General Power of Attorney for Property (“GPOAP”) versus a Continuing or Enduring Power of Attorney for Property (“CPOAP”)?  To be completely honest, the difference can be life-altering. Recently, I came across a situation where Mrs. X, who executed a general GPOAP appointing….

Time to Update Your General Power of Attorney for Property Continue Reading »

Power of Attorney, Uncategorized

November is ‘ get your stuff’ together!

• • 2 Comments

My fellow bloggers and I write frequently about Powers of Attorney, however my concerns are often focused on the lack of planning when it comes to making Powers of Attorney for both Personal Care and Property. More specifically, although I do not have any statistical data, my subject matter experience tells me that people are more likely to have an attorney named solely for property than having both or only….

November is ‘ get your stuff’ together! Continue Reading »

Power of Attorney

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same!

• • 2 Comments

My June 2017 blog described that most seniors appoint a continuing power of attorney for property (CPOAP), partly to avoid having the Office of the Public Guardian and Trustee (OPG&T) assume the role of statutory guardian of property under the Substitute Decisions Act (SDA) or the Mental Health Act (MHA) should the person become incapacitated. The majority appoint a family member who they assume they can trust. I questioned at….

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same! Continue Reading »

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

Undue Influence by “Unwitting Proxy”

• • 0 Comments

Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive or deceptive behaviour. As explained by Lord Justice Lindley in the seminal case of Allcard v. Skinner,[i] actual undue influence….

Undue Influence by “Unwitting Proxy” Continue Reading »

Capacity Law, Elder Law, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Resulting Trust, Testamentary Capacity, Trustee, Trustee Disputes, Undue influence
Scroll to Top