Powers Of Attorney and Guardianship Disputes

Total 71 Posts

Death, Loss and Hope For Another Year

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While the New Year starts in January, Jews around the world celebrate another New Year, the birth of the universe, 5778 years ago based on the Hebrew calendar. While it is the first of the High Holidays, for many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. When there has been a death of a loved one….

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Estate Litigation, Family Conflict, Powers Of Attorney and Guardianship Disputes

What Gets Your Spidey Sense Tingling?

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If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will, naming this individual as a beneficiary? Would you be concerned then; and if so, what can you do? Would you….

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Capacity Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Consolidate, for Efficiency’s Sake!

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The 2014 Supreme Court decision, Hryniak v Mauldin, directly addressed the need to increase access to justice. In that case, the Supreme Court clarified and broadened a court’s fact-finding powers on summary judgment motions with the goal of providing litigants a faster procedure in appropriate cases. In the same spirit, there are other procedural tools available to streamline court proceedings and eliminate redundancy. In particular, Rule 6 of the Rules….

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

Capacity Assessments and Biases to Beware of

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Capacity assessments regarding capacity to manage property, testamentary capacity or capacity to appoint a power of attorney for property (POA), whether conducted contemporaneously or retrospectively, rely upon whatever materials/information that is provided to an assessor to review. Materials may include relevant medical records, previous wills and POA documents, interview of the person if done contemporaneously or videos and/or audio recordings of the deceased if retrospective, and affidavits within legal briefs…..

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Capacity Law, Elder Law, Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

My Best Interests, and Yours Too?

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The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had two daughters, Nellie Galvano (“Nellie”) and Giuseppina Bucci (“Giuseppina”), who died in 2007. Giuseppina had two daughters, Rosa Pignatelli and….

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Attorney Compensation, Capacity Law, Caregiving, Compensation, Contracts, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

Who is Your Substitute Decision-Maker?

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Under the Heath Care and Consent Act  (“HCCA”), every person in Ontario has an automatic Substitute Decision-Maker (“SDM”) who can provide or refuse consent to medical treatment if the person becomes incapable of providing consent. However, there is still a great amount of confusion about SDMs and who they are, especially when a person has not appointed an attorney for personal care. Under s. 20 (1) of the HCCA, the….

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Power of Attorney, Powers Of Attorney and Guardianship Disputes
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