Power of Attorney

Total 163 Posts

Can a Power of Attorney for Property Change a Beneficiary Designation?

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Powers of attorney can be an area of confusion for those clients looking to create or update their estate plans. Clients can be uncertain as to what kinds of duties and responsibilities someone appointed under a power of attorney may have. Similarly, some clients are unsure of how beneficiary designations impact their estate plan. Today, I would….

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Estate Donations, Estate Planning, Power of Attorney, Succession Planning, Uncategorized, Wills

YES YOU REALLY DO NEED A POWER OF ATTORNEY……

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Peonies

My colleague’s blog on August 5 was titled: “Do I Really Need A Power of Attorney?” Let me add my loud response of  ‘YES YOU DO’ because if you don’t, your wishes of how you want to live your life, will likely not be heard.  This is the reality for many who have no one to advocate for them and ultimately, when they are no longer capable, the last chapter….

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Power of Attorney

Do I really need a Power of Attorney?

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP Simply put, yes. A Power of Attorney, whether it be for your physical property or for your health care needs, can be an invaluable document that should be part of an estate plan. Clients can be so caught up in the need to have their Will completed in order to ensure their wishes are carried out after they’re….

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Estate Planning, Power of Attorney

Attorneys Gone Bad: Fraud and the Power of Attorney for Property

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management “Fraud is the most frequently reported banking issue across all age groups.”[1] In 2021 more than 100,000 cases of fraud were reported by the Canadian Anti-Fraud Centre with over $380 million dollars lost.[2] These numbers only account for those instances that were reported. The Ombudsman for Banking Services and Investments (“OBSI”) is a national, independent and….

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Power of Attorney

What Happens When a Shareholder Party to a Transaction Becomes Incapable; Powers of Attorney for Property and Due Diligence Tips

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This is Part III of my saga on incapacity planning in a corporate context. Part I and Part II can be found respectively at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/, and https://allaboutestates.ca/what-happens-when-a-shareholder-voting-or-a-director-becomes-incapable-powers-of-attorney-for-property-and-shareholder-agreement-drafting-tips/. As a reminder, Part II addressed two situations that we, as estate planners, are commonly asked about: A director becomes incapable – who can sign for them? A shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers….

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Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Property

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips

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This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers and what can be considered at the shareholder agreement….

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Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Wills
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