Power of Attorney

Total 162 Posts

Update on End of Life

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By now most of  us have heard that the Trudeau government is asking the Supreme Court to grant a six months extension to the deadline imposed last year as part of the Carter decision (see 2015 SCC 5). What this means is still unclear but adds to the speculation that the Trudeau government will be doing something about this issue – after further consultation, rather than just letting the Criminal….

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

Acting as (Unofficial) Attorney for Property

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Power of attorney (“POA”) documents are a way of officially granting an agent (the “attorney”) the power to manage your affairs, most commonly your finances or personal care. POAs allow the attorney to step in and handle a wide variety of issues on your behalf, whether you (the “grantor”) anticipated those issues arising or not. While acting pursuant to a POA, the attorney owes you a “fiduciary duty,” which means….

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Attorney Compensation, Compensation, Power of Attorney, Trustee Compensation

Pre-Death POA Disputes

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I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices.  That rather unseemly development is this:  expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money.  In more and more cases, the fights begin while the testator is still alive. A case decided earlier this month,….

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Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee Disputes

Health Navigation Needed

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One of the most important components of good caregiving and in fact, good health – is advocacy. Report after report refers to the need for patient navigation. I, along with my fellow bloggers have all echoed the importance of Powers of Attorney. Having someone who knows your wishes, desires and particular circumstance and who can speak for you when you can no longer speak for yourself, is absolutely required. However….

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Elder Care, Geriatric Care Management, Power of Attorney

Power of Attorney Terminated Despite No Misconduct

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When a dispute arises inside a blended family over who will make substitute decisions for in incapable person, the court may have to step in. In Corewyn v McCulloch, 2015 ONSC 6039, Justice Sweeny appointed the incapable person’s daughter as her guardian, despite the existence of a valid power of attorney and the absence of any misconduct on the attorney’s part. Bill and Ena had been married for over thirty….

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

OWNERSHIP OF FOREIGN PROPERTY

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The Huffington Post reports that over a third of foreign buyers of real estate in Florida are Canadians. Another article reports that Canadians are the leading buyers of US real estate. In earlier blogs I’ve talked about the specter of US estate taxes that arises when a Canadian dies owning US situs property, like real estate. Besides this complexity, the ownership of foreign property raises the potential for challenges in the administration of an estate. As a result, when developing an estate plan that includes foreign real estate it is important to consider a number of issues, some of which are…….

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Canadian and US Tax Treaty, Estate Administration and Probate Applications, Estate Planning, Power of Attorney, Probate Tax, United States, US Taxes, Wills
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