Power of Attorney

Total 164 Posts

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

e-Signed, Sealed, Delivered….and Legal

• • 0 Comments

Earlier this week, the Law Commission in the UK confirmed that electronic signatures can be used to sign formal legal contracts under English law. John Hancock is rolling over in his grave. In England and Wales, the Law Commission is an independent legal advisor set up by Parliament to review laws and recommend reforms. The Commission has issued guidance and a summary document stating that e-signatures are just as valid as paper signatures. Currently in Canada, certain documents….

e-Signed, Sealed, Delivered….and Legal Continue Reading »

Contested wills, Contracts, Estate Litigation, In the News, International, Power of Attorney, Trusts, Wills

When More Help is Needed: Moving Seniors with Dementia to Care Facilities

• • 0 Comments

Section 4(1) of the Health Care Consent Act (HCCA) sets out a two-part test for determining whether a person has the capacity to consent to medical treatment, to be admitted to a care facility, or to receive a personal assistive service/device: Is the person able to understand information relevant to making the decision; and Is the person able to appreciate the consequences of a decision or lack of a decision?….

When More Help is Needed: Moving Seniors with Dementia to Care Facilities Continue Reading »

Capacity Law, Elder Care, Elder Law, Geriatric Care Management, Guardianship, Power of Attorney

Sharing the Caring

• • 0 Comments

This past week I met with two new clients who were both single women in their mid- 70’s. They both lived alone in their own condos and had retired from well-paying jobs. There were reaching out to EC to help guide them in thinking about and planning for a time when they would be less capable (both mentally and physically) of managing their own day to day needs. Thankfully, they….

Sharing the Caring Continue Reading »

Power of Attorney

Trust and (Mis)Communication in Families

• • 0 Comments

There is a recurrent theme that I continue to see in my elder care work with families. It involves a breakdown in communication that has likely started sometime ago. As a result of this miscommunication, the trusting relationship that I would like to be believe originally existed there, has been damaged. This lack of trust seems to revolve around several parties and may include distrust from parent to child and/or….

Trust and (Mis)Communication in Families Continue Reading »

Family Conflict, Power of Attorney, Undue influence
Scroll to Top