Power of Attorney

Total 163 Posts

New Year, New You?

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Most peoples’ new year’s resolutions include going to the gym more often, eating healthier, losing weight, spending more time with family and friends, saving more money and getting more sleep, to name a few, but what about reviewing your estate plan? If you have experienced any significant changes in your family or financial circumstances in the past year, you should add reviewing your estate plan to your list of new….

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Estate Planning, Power of Attorney, Wills

The SDA and Incapacity to Manage Personal Care – Additional Commentary on Limitations in Legislation

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Pursuant to Section 45 of the Substitute Decisions Act (SDA),[i] incapacity for personal care is defined as – A person is incapable of personal care if the person is not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene or safety, or is not able to appreciate the reasonable foreseeable consequences of a decision or lack of….

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Capacity Law, Guardianship, Power of Attorney

Powers of Attorney for Property: An In-Depth Review

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My previous blog ended with the following sentence: “Where a power of attorney for property is effective upon execution, proper safeguards should be put in place to ensure the power of attorney is not inappropriately acted upon”. This blog will expand on the meaning of that sentence. Where a power of attorney for property is effective upon execution, there is the potential for misuse and abuse of the document. If….

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Power of Attorney

Sibling Rivalry Over Mother’s Competency

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In 2009, Hermine Wekerle, mother of financier and Dragon’s Den star, Michael Wekerle, signed an unconditional power of attorney for property giving one of her three daughters, Caron, authority to be her substitute decision-maker. In 2016, acting under the power of attorney for property, Caron agreed to sell a little old chapel on Yonge Street in Thornhill, Ontario, which was purchased by Hermine’s late husband, Anthony Wekerle, in 1994 for….

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Family Conflict, Power of Attorney

The SDA and Incapacity to Manage Personal Care – Another Example of a Limitation In Legislation

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A frequent clinical challenge for doctors caring for seniors in hospitals is assessing decision making capacity and discharge planning. The following question arises; “Doctor, is the patient ‘capable’ to return home?” The problem with this question is the doctor has no authority in determining the answer. As per Section 45 of the Substitute Decisions Act (SDA)[i]; incapacity for personal care is defined as: A person is incapable of personal care….

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Capacity Law, Elder Law, Power of Attorney

November is Make A Will & Power of Attorney Month

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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….

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Power of Attorney
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