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Posts Tagged: power of attorney
10 ResultsCompelling 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
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
Can an Attorney for Personal Care be Compensated?
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
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
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
Physician-Assisted Suicide and the Right to Die
Could Canadians one day be able to make a power of attorney that authorizes their death? In a Charter decision that may already rank among its most significant, the Supreme Court of Canada unanimously struck down the criminal offences that prohibit aiding or abetting a person to commit suicide this past month. The ruling, in…read more
Choosing a POA: A Litigator’s Perspective
Two things got me thinking about power of attorney litigation. I listened to a great program on CBC on Sunday, where the guests – an estate litigator in Toronto and an elder law specialist from the west – talked about the trend that many estate litigators have seen lately. That is, would-be heirs no longer…read more
Enzo the Mixer
May an attorney for property mix his own funds with that of the incapable person? The short answer is: never. But the consequences for a well-meaning but ill-advised client might not be as dire as we litigators sometimes would expect. In the recent case of Villa v. Villa 2013 ONSC 2202, two brothers, Renzo and Enzo Villa, clashed…read more
Powers of Attorney – Ensuring Access to a Loved One
In our rapidly aging society, powers of attorney for personal care and property are now widespread and their importance is recognized by the general public. A family member or friend can also apply to the court to be appointed guardian of the person or the person’s property if powers of attorney have not been executed. …read more