Can an Attorney for Personal Care be Compensated?

by: , June 22, 2020

When the issue of compensation is not specifically addressed in the Power of Attorney for Personal Care, a guardian for personal care may be wondering whether they are entitled to compensation. Legislation, however, does not provide a clear answer. While under the Substitute Decisions Act an attorney for property is expressly allowed to take compensation,…read more

Home? Or a Retirement Home? The Court Must Decide

by: , April 19, 2016

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

Aging Population Brings Greater Risk to Guardianship System

by: , November 27, 2015

An article last month in the Wall Street Journal entitled “Abuse Plagues System of Legal Guardians for Adults” noted a variety of complaints across the United States about guardians of property and personal care. In one nightmarish story, 71-year old Linda McDowell’s former housemate and companion helped file a court petition, unbeknownst to Ms. McDowell, seeking…read more

An Unwelcome Guest – Guardian of Property Obtains a Writ of Possession

by: , May 27, 2014

In 1998, Ms. Tollis was declared incapable of managing her property.  In the same year, the Public Guardian and Trustee (the “PGT”) became her statutory guardian of property.  Ms. Tollis held an interest in a house along with her brother, Mr. Tollis.  The interest in the house was Ms. Tollis’ primary financial asset. Shortly before…read more