Power of Attorney

Total 164 Posts

Limited Retainers, Lawyer Liability and Limitation Periods

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The recent Court of Appeal (“ONCA”) decision of Meehan v. Good, 2017 ONCA 103 (“Meehan”), reminds lawyers that the duty of care owed to their clients is extensive, and may operate beyond a limited-scope retainer. In Meehan, the plaintiffs, Michael and Anne Meehan, brought a claim against their lawyer, John Cardill, who they initially retained to pursue an assessment of the accounts of their previous counsel. The Meehans sued Mr…..

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Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Liability, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence, Wills

Capacity Issues – who are you going to call?

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Capacity to grant and revoke a power of attorney (POA) for property and personal care and incapacity to manage property and personal care is defined by legislation in Ontario by the Substitute Decisions Act. However testamentary capacity (capacity to make a will) is not defined by provincial legislation. Assessors from the Ministry the Attorney General can provide formal assessments of incapacity to manage property and personal care that can result in….

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Capacity Law, Elder Law, Guardianship, Power of Attorney, Testamentary Capacity

Medical Emergency Cards – A Logical Follow-up to POAPCs

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As regular readers know, we occasionally invite guest bloggers to contribute to All About Estates  Today’s blog was written by Norman Bowley, a partner and chair of the Estates and Succession Group at Low Murchison Radnoff LLP . In my wallet you will find a plastic card the size of a credit card or driver’s license. It’s all dressed up with our firm’s logo, but it’s what it contains that’s important. Across….

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Elder Care, Estate Planning, Geriatric Care Management, Interest, Power of Attorney

POA for Property: A Marriage Sometimes Not Made in Heaven!

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In my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….

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

Postponed Power of Attorney for Property and Unforeseen Consequences

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Under the Ontario Substitute Decisions Act[i] (SDA), power of attorney (POA) for property appointments are made through a continuing or postponed POA for property. The continuing POA for property is one that takes effect immediately regardless of the grantor’s capacity to manage property and continues, if needed, through the development of the grantor’s incapacity such that the Office of the Public Guardian and Trustee (OPG&T) is not required to intervene….

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Geriatric Care Management, Power of Attorney
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