Power of Attorney

Total 164 Posts

November is Make A Will & Power of Attorney Month

• • 0 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 Make A Will & Power of Attorney Month Continue Reading »

Power of Attorney

Can We Prevent Elder Abuse?

• • 0 Comments

I had the pleasure of attending last week’s Society of Trust and Estate Practitioners’ conference, titled “Elder Abuse and Manners of Protecting the Elderly”. It focused on financial abuse which is the most common form of elder abuse. It provided an excellent overview with a panel discussion presented and moderated by lawyers (Craig Vander Zee, Kim Whaley and Albert Oosterhoff), the Toronto Police Vulnerable Persons Coordinator (PC Jason Peddle) and….

Can We Prevent Elder Abuse? Continue Reading »

Elder Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes

What Gets Your Spidey Sense Tingling?

• • 0 Comments

If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will, naming this individual as a beneficiary? Would you be concerned then; and if so, what can you do? Would you….

What Gets Your Spidey Sense Tingling? Continue Reading »

Capacity Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Consolidate, for Efficiency’s Sake!

• • 0 Comments

The 2014 Supreme Court decision, Hryniak v Mauldin, directly addressed the need to increase access to justice. In that case, the Supreme Court clarified and broadened a court’s fact-finding powers on summary judgment motions with the goal of providing litigants a faster procedure in appropriate cases. In the same spirit, there are other procedural tools available to streamline court proceedings and eliminate redundancy. In particular, Rule 6 of the Rules….

Consolidate, for Efficiency’s Sake! Continue Reading »

Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

My Best Interests, and Yours Too?

• • 0 Comments

The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had two daughters, Nellie Galvano (“Nellie”) and Giuseppina Bucci (“Giuseppina”), who died in 2007. Giuseppina had two daughters, Rosa Pignatelli and….

My Best Interests, and Yours Too? Continue Reading »

Attorney Compensation, Capacity Law, Caregiving, Compensation, Contracts, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

Who is Your Substitute Decision-Maker?

• • 0 Comments

Under the Heath Care and Consent Act  (“HCCA”), every person in Ontario has an automatic Substitute Decision-Maker (“SDM”) who can provide or refuse consent to medical treatment if the person becomes incapable of providing consent. However, there is still a great amount of confusion about SDMs and who they are, especially when a person has not appointed an attorney for personal care. Under s. 20 (1) of the HCCA, the….

Who is Your Substitute Decision-Maker? Continue Reading »

Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top