Power of Attorney

Total 164 Posts

Wish lists are for more than just the holiday season

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This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time of year also tends to be one filled with gift-giving and showing love to the special people in our lives…..

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Elder Care, Estate Administration, Estate Planning, Family Conflict, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Uncategorized, Wills

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

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It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities…..

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Capacity Law, Elder Care, Elder Law, Elder Management, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The SDA and Parens Patriae Jurisdiction

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Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

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Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Gefen Estate v. Gefen

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The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married for 65 years. They were Holocaust survivors who came to Canada in 1951. They had three sons: Harvey, Harry, and….

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Appeals, Capacity Law, Estate Administration, Estate Litigation, Family Conflict, Joint Tenancy, Power of Attorney, Real Estate, Testamentary Capacity, Uncategorized, Undue influence, Wills

The Bio-Psycho-Social Approach to Capacity Evaluation

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Current approaches that define capacity in cognitive terms disregard concerns that emotional instability may disrupt capacity or that a person may be cognitively intact yet lack the capacity to give a valid consent. An alternative evaluative approach would be to view capacity holistically, as a combination of biological, psychological, and social (biopsychosocial) factors…..

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

An Elder Care Planning Framework for Decision Making, Part 2

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This blog post on the Elder Care Planning Framework for Decision Making, Part 2, is based on a panel presentation at Elder Law Day in Toronto in March 2023. Participants expressed an interest in using the elder care planning framework to provide context for decision-making and planning. Part 1 proposed the framework as a tool to aid in decision-making for elder care management; read it here. The elder care planning….

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Capacity Law, Elder Care, Elder Management, Geriatric Care Management, Power of Attorney, Smart Ageing
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