Power of Attorney

Total 165 Posts

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

Can We Prevent Elder Abuse?

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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….

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

What Gets Your Spidey Sense Tingling?

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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….

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

Consolidate, for Efficiency’s Sake!

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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….

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

My Best Interests, and Yours Too?

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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….

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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
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