Powers Of Attorney and Guardianship Disputes

Total 71 Posts

Some Thoughts on Explaining Differences in Expert Opinions

• • 0 Comments

Experts giving evidence in an Ontario court are obliged to sign an acknowledgement that they are independent, with their obligation being to the court and not to the party who retained them. Nonetheless, scepticism regarding objectiveness and discrepancies between expert opinions remains, as demonstrated in the reasons of Justice Mesbur in Plese v. Herjavec, 2018 ONSC 7749: [89]      I have always been tempted to ask valuators whether their opinions would….

Some Thoughts on Explaining Differences in Expert Opinions Continue Reading »

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

Understanding the Role of Section 3 Counsel

• • 0 Comments

The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon the Court’s analysis of the role played by counsel appointed under section 3 of the Substitute Decisions Act, 1992 (the….

Understanding the Role of Section 3 Counsel Continue Reading »

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

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same!

• • 2 Comments

My June 2017 blog described that most seniors appoint a continuing power of attorney for property (CPOAP), partly to avoid having the Office of the Public Guardian and Trustee (OPG&T) assume the role of statutory guardian of property under the Substitute Decisions Act (SDA) or the Mental Health Act (MHA) should the person become incapacitated. The majority appoint a family member who they assume they can trust. I questioned at….

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same! Continue Reading »

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

Undue Influence by “Unwitting Proxy”

• • 0 Comments

Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive or deceptive behaviour. As explained by Lord Justice Lindley in the seminal case of Allcard v. Skinner,[i] actual undue influence….

Undue Influence by “Unwitting Proxy” Continue Reading »

Capacity Law, Elder Law, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Resulting Trust, Testamentary Capacity, Trustee, Trustee Disputes, Undue influence

Capacity Evaluation of an Expressed Choice

• • 0 Comments

In law, expressed choices are not necessarily a reflection of capable decision making. For example, regarding testamentary capacity, the Ontario Court of Appeal in Hall v. Bennett Estate (2003)[i] stated in paragraphs 15 and 16 that it is not sufficient simply to show that a testator had the capacity to communicate his or her testamentary wishes. Those wishes must be shown to be the product of a sound and disposing….

Capacity Evaluation of an Expressed Choice Continue Reading »

Capacity Law, Elder Care, Elder Law, Family Conflict, Guardianship, Powers Of Attorney and Guardianship Disputes, Spouse

Can We Prevent Elder Abuse?

• • 0 Comments

I had the pleasure of attending last week’s Society of Trust and Estate Practitioners’ conference, titled “Elder Abuse and Manners of Protecting the Elderly”. It focused on financial abuse which is the most common form of elder abuse. It provided an excellent overview with a panel discussion presented and moderated by lawyers (Craig Vander Zee, Kim Whaley and Albert Oosterhoff), the Toronto Police Vulnerable Persons Coordinator (PC Jason Peddle) and….

Can We Prevent Elder Abuse? Continue Reading »

Elder Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top