Power of Attorney

Total 162 Posts

Contract Law in Estate and Guardianship Litigation

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In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

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Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a high-level overview of the use of multiple POAs, considerations for appointments, and conflict of interest provisions in POAs. Multiple POAs….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized

RESP, Incapacity and Power of Attorney

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This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth Parents and grandparents often help fund a child’s education using Registered Education Savings Plans (RESPs). These are tax-efficient vehicles that allow contributions, grants, bonds, and income to be invested in a tax-deferred environment to grow for eventual use toward post-secondary education. Generally, the parent/grandparent “subscriber” enters into an RESP contract with a “promotor” and names one or….

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Capacity Law, Estate Planning, Power of Attorney, RESP

Guardianship Applications: What is Involved?

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This blog post was written by Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto If you do not have Powers of Attorney for Property and Personal Care, and it is necessary for someone to step into your shoes to make decisions about significant areas of your life, what happens?  In this article, I outline the process, in Ontario, of bringing a Guardianship Application to become the decision-maker for a person….

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Capacity Law, Guardianship, Power of Attorney

Account! Account! Account!

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Anna Chen, associate Gowling WLG (Canada) LLP The importance of a fiduciary (whether a trustee, an attorney for property or an estate trustee) to keep proper books of account cannot be understated.  This is an obligation required of the fiduciary to prove he or she administered the trust, property or estate prudently and honestly.  The importance of keeping accounts and the consequence of not doing so have been addressed again….

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

Lifestyle Changes Bring Increased Risk to Older Clients

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Managing an elder’s journey late in life is not for the faint of heart. Ask a partner or family member – it is complicated, frustrating, rewarding, and exhausting at the same time. Given our rapidly aging population, we need to rethink our planning paradigm for older clients and actively shift to planning for a 100-year life. While a lifespan may be 100 years, people may find that their health span….

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Elder Management, Power of Attorney, Smart Ageing
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