Powers Of Attorney and Guardianship Disputes

Total 72 Posts

“Hypothetical and Premature”: Challenge of Will, POAs, and Trust While Grantor Alive and Capable

• • 0 Comments

A few months ago the Ontario Court of Appeal released its decision in Palichuk v. Palichuk, 2023 ONCA 116 (CanLII) (“Palichuk”) which upheld the decision of the applications judge. The applications judge dismissed a guardianship application and awarded costs against the appellant. The appellant sought guardianship of her mom and alleged that her mom lacked capacity to execute a will, powers of attorney for property and personal care, and transfer….

“Hypothetical and Premature”: Challenge of Will, POAs, and Trust While Grantor Alive and Capable Continue Reading »

Capacity Law, Powers Of Attorney and Guardianship Disputes

The Bio-Psycho-Social Approach to Capacity Evaluation

• • 0 Comments

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…..

The Bio-Psycho-Social Approach to Capacity Evaluation Continue Reading »

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

What is the Consent and Capacity Board?

• • 0 Comments

Capacity is a key component of estate litigation, especially in guardianship and attorneyship disputes. Questions of when someone has begun acting as an attorney for property and whether a person had the requisite capacity to designate a party as their attorney are some of the ways this issue plays out. Once these questions are raised, the arena in which these disputes are heard, for the most part, is the Superior….

What is the Consent and Capacity Board? Continue Reading »

Capacity Law, Elder Care, Elder Management, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

• • 0 Comments

In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD…..

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition Continue Reading »

Capacity Law, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Powers Of Attorney and Guardianship Disputes, Succession Planning

Powers of Attorney: Whose Decision Is It Anyway?

• • 0 Comments

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management Is your caregiver the best person to make financial and property related decisions for you? Should these roles be filled by different people with unique skill sets? Will your caregiver respect the input and decisions of your financial decision-maker? There are many posts and articles highlighting considerations for a testator when making their Will, and the….

Powers of Attorney: Whose Decision Is It Anyway? Continue Reading »

Power of Attorney, Powers Of Attorney and Guardianship Disputes

Dementia, Health Law and Discharge Planning Challenges

• • 1 Comment

A clinical dilemma: a patient was diagnosed with dementia in the mild-to-moderate stage requested to be discharged home from hospital to live alone despite the opinion of the attorney for personal care and property that the patient is unsafe to do so. The clinical opinion was also that the patient could not live independently safely. This resulted in the need to confine the patient in hospital involuntarily under the Mental….

Dementia, Health Law and Discharge Planning Challenges Continue Reading »

Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top