Powers Of Attorney and Guardianship Disputes

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Powers of Attorney: Gender Norms and the Invisible Labour of Care

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   “A child should not be paid to care for an ailing mother.”[1]  The comment captures a persistent expectation that the personal care of a parent is something an adult child, and often a daughter, is simply expected to provide. In estate and incapacity planning, it is remarkably common to see a familiar pattern:  a son….

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

Guardianship: A Refresher

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Scotiatrust

Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property or personal care is effected by the granting of that authority by one individual to another or to multiple persons…..

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Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Uncategorized

Rule 7 and New Ontario Regulation 173/25

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The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

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Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized

Picking The Right Power of Attorney: The Cautionary Tale of Jack Johnson

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Scotiatrust

This blog post was written by: Taylor Sergeant, Associate Estate and Trust Consultant, Scotiatrust Ottawa When it comes to estate planning, few decisions carry as much weight as selecting your Power of Attorney (POA). This person will have the legal authority to make financial or personal decisions on your behalf. Unfortunately, NHL defenseman Jack Johnson learned this lesson the hard way. The Jack Johnson Case: A Cautionary Tale Jack Johnson,….

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Power of Attorney, Powers Of Attorney and Guardianship Disputes

Supporting Loved Ones With Dementia: The Peace of Mind a POA Provides

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Dementia is not just a medical diagnosis; it’s a family story that unfolds over years. Canada’s numbers are climbing—projections suggest more than 1.7 million Canadians could be living with dementia by 2050. That’s a lot of spouses, adult children, and friends carrying new responsibilities—and often facing urgent decisions. The simplest way to bring calm to those moments is to….

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Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes

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
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