Categories
- Appeals
- Canada's Anti-Spam Legislation
- Capacity
- Costs
- Court Procedure
- Estate Administration
- Estate Litigation
- Capacity Litigation
- Contested Passing of Accounts
- Court Applications to Interpret a Will or Trust
- Court Applications to Remove an Executor / Estate Trustee
- Court Applications to Vary a Trust
- Dependant’s Relief Claims
- Estate Trustee During Litigation
- Guardianship Applications
- Other Claims & Remedies Against Estates
- Solicitor’s Negligence
- Spousal Elections
- Will Challenges
- Estate Mediation
- Estate Planning
- Family Cottage
- Forms of Relief
- In The News
- Joint Assets
- Legal Resources
- Limitation Period
- Mediation
- Power of Attorney
- Trusts
- Uncategorized
- Valuation of Estate Assets
Posts Categorized: Power of Attorney
15 ResultsAm I a Spouse? The Mystery of Spousal Benefits
Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of…read more
Compelling a Guardian or Attorney to Account
Attorneys of property must keep detailed records of their management of the grantor of the power of attorney’s (the “grantor”) affairs. The reason for this is so they may pass their accounts when needed. While some attorneys may periodically pass their accounts without prompting, others may not. This can be frustrating for others who care…read more
Involving the PGT in Guardianship and Estate Matters
Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and…read more
Compensation for Attorneys for Personal Care
Today’s blog was written by Tyler Lin, student-at-law Good Deeds Deserve Fair Rewards: Daniel Estate (Re) and Ontario’s Common Law Scheme for Compensation for Attorneys for Personal Care Last year, I wrote a blog exploring the theme of whether bad deeds deserve punishment in dependant support claims (the answer: not always). This blog explores whether…read more
What Happens When a Fiduciary Misappropriates Funds?
There is growing concern about the financial exploitation of the elderly by their attorneys for property. The combination of a cognitively impaired grantor (a person who appoints an attorney for property) paired with an attorney who has unfettered access to all of the grantor’s property creates the potential for financial abuse by attorneys. A power…read more
Ten Things an Attorney for Property Should Know Before Acting
Acting as the attorney for property of an incapable person comes with important responsibilities that should not be taken lightly or underestimated. However, a person who takes on the role may be unaware of their obligations under the Substitute Decisions Act, S.O. 1992, c.30, the legislation in Ontario that governs powers of attorney. In particular:…read more
Who makes decisions for me if I become incapable and have not made plans?
Before COVID-19, many of us had earmarked 2020 as the year we would get our affairs in order, including preparing powers of attorney for personal care and property. Unfortunately we may have not gotten around to it. The pandemic has accelerated discussions about intubation, CPR and end of life care. Additionally, many people, especially those…read more
No Undue Influence, Says Court of Appeal
Rita and her late husband Frank built a successful business together in the course of their lengthy marriage. Unfortunately, there is a struggle between Rita’s twin sons (both named Jean) over who should act as their mother’s attorney for property, devastating both the family’s finances and relationship. The Court of Appeal dismissed an appeal of…read more
Home? Or a Retirement Home? The Court Must Decide
An elderly woman suffers from dementia. Her two children are both her attorneys for property and personal care. Both have diametrically opposed plans for where she would live. In Walter Burnat v Mary Bosworth et al, 2016 ONSC 2607 (S.C.J.) the court had to decide whether the mother – Olga – would continue to live…read more
Happy 65th Birthday from the Canadian Government
Canadians can rejoice at turning 65 – you are now eligible for the government benefits offered to seniors. In order to spend more time eating cake and less time searching for the benefits that apply to you, provincial and federal benefits are listed in one convenient website. The list briefly summarizes the different benefits available,…read more