Power of Attorney

Total 165 Posts

Considerations for Choosing a POA for Personal Care – Choose Wisely

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

The blog post, Why You Need a POA When You Are Alive, explored the importance of appointing Powers of Attorney for Property and for Personal Care. While a Will may anchor an estate plan for distributing assets after you have passed, you will need a substitute decision-maker in place if you lose the capacity to act for yourself. Your Attorney may need to make personal and sensitive decisions on your….

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Elder Management, Power of Attorney, Smart Ageing

Why you Need a Power of Attorney When You Are Alive

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November is Make a Will month. It is reported that more than 55% of Canadians are without a Will. Still, it is a must-have for anyone with property or assets. While a Will may anchor an estate plan, it is only executed when you pass away. Even more compelling is that while we are alive, we may need someone to act on our behalf if we cannot speak for ourselves…..

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Elder Management, Estate Planning, Executors, Power of Attorney, Smart Ageing

U.S. Filing Requirements for Canadian POAs, Joint Accounts, and Bare Trusts

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This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth Whether it’s a Power of Attorney (POA) for Property document, a joint account, or a bare trust relationship, if a U.S. person’s involved, things can get complicated quickly. Canadians without U.S. ties can find themselves and their assets subject to the scrutiny of U.S. authorities simply by engaging in common estate planning activities. One such issue arises….

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Estate Planning, IRS, Power of Attorney, Tax Issues, United States, US Taxes

Elder Care Gaps In Divorce And Blended Families

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5 or 6 couples in their 30s and 40s posing for a photo in the forest

Elder care gaps occur as family structures change, and there may be unanticipated and challenging consequences. For parents who have long divorced, those who have remarried, and those with blended families, this may mean that adult children are now dealing with three or more parents and stepparents. As the caregiver burden increases, blended families become more complex, and the potential for conflict increases. Impacts of Divorce and Blended Families on….

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Caregiving, Elder Care, Elder Management, Power of Attorney, Smart Ageing

I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property

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This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust.   A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named attorney or attorneys typically have a broad scope of power and under section 7(2) of the Substitute Decisions Act (the….

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Estate Planning, Power of Attorney, Property, Uncategorized

Who holds the burden of proof when undue influence is claimed?

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A man photographs seagulls.

In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving) whether this is true? Will challenges Generally speaking, if a will meets the criteria for formal validity, it will be….

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Elder Care, Estate Litigation, Joint Tenancy, Power of Attorney, Succession Planning, Testamentary Capacity, Undue influence, Wills
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