Power of Attorney

Total 165 Posts

Controversies in Substitute Decision-Making Concerning Shelter for Alternate Level of Care Patients

• • 1 Comment

Recently, an elderly patient suffering from moderate-to-advanced stage dementia, with behavioural complications, was hospitalized on a psychiatric admission. The patient, who was declared incapable to consent to treatment, was initially held involuntarily under the Mental Health Act, RSO 1990, C M.7 (the “MHA”). The patient had appointed a cousin as their attorney for property and personal care. However, the cousin could not be located and there was a concern that….

Controversies in Substitute Decision-Making Concerning Shelter for Alternate Level of Care Patients Continue Reading »

Caregiving, Elder Care, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

• • 0 Comments

On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to the Power of Attorneys for Care. I also offer considerations to help lawyers and advisors deal with personal care disputes…..

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3 Continue Reading »

Caregiving, Elder Care, Elder Management, Family Conflict, Power of Attorney

To My Attorney: “I Do Not Want to Move in with my Kids”

• • 1 Comment
Cheerful seniors having fun while taking selfie at retirement community. stock photo

A question that often arises when discussing powers of attorney is whether to appoint the same person as the decision maker for property and personal care. although the roles are distinct at law, in practical terms there is a great deal of overlap. There are advantages of appointing the same decision makers for both roles, such as simplicity and consistency. However, different people may be equipped with skill sets which….

To My Attorney: “I Do Not Want to Move in with my Kids” Continue Reading »

Capacity Law, Power of Attorney

Power of Attorney for Property & The Tax Association Rules

• • 1 Comment

The small business deduction is a key tax incentive for entrepreneurs of small businesses.  If the corporation qualifies as a Canadian controlled private corporation (commonly referred to as CCPC), the net federal tax rate for active business income is 9% on the first $500,000. The Income Tax Act (the “Act”) also has association rules to prevent business owners from multiplying the small business deduction among their businesses.  When two or….

Power of Attorney for Property & The Tax Association Rules Continue Reading »

Estate Planning, Power of Attorney, Tax Issues

Record Keeping as an Attorney for Property

• • 0 Comments

In Ventura v Ventura, 2022 ONSC 6351 (“Ventura”), the Court dealt with a number of issues relating to the duties and obligations of attorneys for property. In Ventura, “A”, “L”, and “E” were appointed as joint attorneys for property and personal care of their mother, “M”. In 2012, M was diagnosed with dementia. Around the same time, A sold his home and moved himself and his family into M’s home…..

Record Keeping as an Attorney for Property Continue Reading »

Attorney Compensation, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Activating Powers of Attorney for Property in Ontario.

• • 2 Comments

I happened to be on my google machine earlier today, doing a quick search of “activation of powers of attorney”. I found a rather upsetting website belonging to a member of the bar suggesting that a power of attorney ought to be activated “if the grantor dies”, and so here I am writing about the activation of powers of attorney for property.[i] I will leave a discussion of the effectiveness….

Activating Powers of Attorney for Property in Ontario. Continue Reading »

Power of Attorney
Scroll to Top