de VRIES LITIGATION LLP had the pleasure of attending and presenting at the 29th Estates and Trusts Summit on October 20, 2026. The program canvassed a wide range of timely issues for estate litigators. Below is a brief overview of some of the discussions that stood out: AI and Privilege Peter Askew, Miller Thomson LLP, […]
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Often, difficulties arise before the death of a family member. When a someone begins to lose their ability to care for themselves or their property, or was incapable of developing those skills in the first place, it is usually close family members who step in to care for their loved ones. This may include making health care decisions or taking over someone’s finances. There are two ways to be legally recognized as the caregiver for an incapable person, either the incapable person themselves empowers someone else through a power of attorney document, or the court appoints a guardian of property or of the person.
The person who steps in to take over the care and management of another person is in a special relationship to that person, called a fiduciary relationship. Fiduciaries are held to a higher standard of care and owe certain duties and obligations to the person being cared for. There may be disagreement between family members about who should act as guardian, or over the actions taken by the guardian. We can help you navigate and resolves these disputes.
Related papers/blog
Guardianship Applications in Writing
There are two procedural avenues when seeking to be appointed or removed as guardian of the person or guardian of property for an allegedly incapable person: the standard procedure which requires a court hearing, and the summary disposition procedure, which is done in writing. The summary disposition procedure is set out under section 77 of […]
read more(In)Capacity to instruct counsel
July 25, 2023 In the world of estate litigation, an issue that frequently arises is the capacity of an elderly individual to create a will or execute a power of attorney. As is widely known, there are different levels of capacity required for an individual to carry out different tasks; the highest level of capacity […]
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