Power of Attorney

Total 164 Posts

Appointing a Continuing Power of Attorney for Property to Family vs. Statutory Guardianship; which is truly better?

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Most seniors appoint a continuing power of attorney for property (CPOAP) for the sole purpose of not wanting the Office of the Public Guardian and Trustee (PG&T) to assume statutory guardianship of property under the Substitute Decisions Act (SDA) or Mental Health Act (MHA) should the person become incapable. The majority appoint a family member who they assume they can trust. But is this always the best outcome? Can one anticipate the….

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

Elder Orphans

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You may already be familiar with the terms. It refers to older individuals who do not have any family to provide care for them. They have either outlived their family or are estranged from them. With our aging demographics we are working with many single women who do not have any children. Society has shifted and traditional models of care that were supported by nuclear and extended families and communities….

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Elder Care, Geriatric Care Management, Power of Attorney, Uncategorized

Family Meetings and Power of Attorney for Personal Care

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I had the pleasure of recently attending the B’nai Brith Canada Estates and Trusts Group annual seminar, titled Power of Attorney Disputes. It was a wonderful opportunity to watch some of Ontario’s finest estate lawyers play different roles (feuding siblings and mediator) as well as hear their professional perspective on various aspects of Power of Attorney disputes regarding questionable capacity, accounting issues, estate trustees and sexual consent. While the focus….

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Elder Care, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The Times Are A Changing and Our Laws & Policies Should Too

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Further to my colleague Diane Vieira’s March 15, 2017  blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a few changes including: Many of our older clients have outlived their family and friends We are also seeing an increase….

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

LCO Releases Report on Capacity, Decision-making and Guardianship Laws

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Last week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and the Mental Health Act (“MHA”).  The report makes 58 recommendations to address issues such as financial elder abuse, misuse of….

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Attorney Compensation, Capacity Law, Elder Law, Fiduciary Professions, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Dementia does not Preclude Testamentary Capacity

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Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However, it is important to keep in mind that capacity is time specific. A diagnosis of dementia or Alzheimer’s disease, for….

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Capacity Law, Elder Law, Estate Litigation, Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Wills
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