Power of Attorney

Total 165 Posts

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

POA versus Executor Compensation

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On Tuesday, September 29, I spoke at an OBA program entitled “The Family Business: Administration and Litigation of Trusts and Estates Holding Business Assets.” At the end of the program, there was an interesting discussion about the distinction between compensation for estate trustees and compensation for POAs or guardians of property appointed pursuant to the Substitute Decisions Act (“SDA”). A regulation to the SDA sets out the prescribed rates of….

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Attorney Compensation, Compensation, Executors, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Trustee, Trustee Compensation
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