Compelling a Guardian or Attorney to Account

by: , January 16, 2023

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

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

End of Life Decisions and the Substitute Decision Maker

by: , April 22, 2015

When the end is near, decisions regarding food are up to the substitute decision maker In a recent article for the New York Times, Theresa Brown, a hospice nurse and author, described the story of an Italian grandmother who was caring for her dying husband. Her husband was long past the point of being able…read more

Salvador Dali, Melting Clocks, Financial Incapacity, and the Removal of an Attorney for Property!

by: , April 3, 2014

“If the drawing of the clock was akin to Salvador Dali’s paintings, it would not bode well.” Colourful words from Justice Whitten who relied on the court’s parens patriae jurisdiction to remove an attorney for property. The drawing of an ordinary clock is often administered to determine “intellectual acuity”.  Salvador Dali’s iconic image of a…read more