Power of Attorney

Total 164 Posts

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home?

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Adult daughter and her mother drinking tea and chatting

Anna Chen, Associate, Gowling WLG (Canada) LLP This was the question addressed in the recent decision Orr v Orr, 2025 ONSC 4986. In Orr, 82-year-old William Orr (“Bill”) was diagnosed with advanced Alzheimer’s Disease and moved into a secure ward at McCormick Home, an accredited long-term care home in London, Ontario.  His capacity to manage personal care was put into dispute in the application.  The applicant was Bill’s wife Gwen….

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Caregiving, Elder Care, Elder Law, Geriatric Care Management, Healthcare, Power of Attorney

How to be an Effective Attorney for Personal Care

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Father speaks to son. They are sitting on a couch in a living room. Father gesticulates to son.

Life happens. In an instant, you may find yourself as a substitute decision-maker for a person or relative. You may have forgotten you agreed to act as their Attorney for Personal Care. Or in some cases, it comes as a surprise that you have been appointed by a parent or relative. In the blog post, “Why You Need a POA When You Are Alive”, we explored the importance of appointing….

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Elder Management, Power of Attorney, Smart Ageing

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
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