Archive for the ‘Estate Litigation’ Category

Capacity Trumps – Bentley v Maplewood Seniors Care Society – Part II

Friday, May 22nd, 2015

The BC court of appeal has released its appeal of this decision (we blogged on the lower court decision) in February 2014 regarding capacity and nourishment. To recap, Margaret Bentley now 83 and with advanced Alzheimer’s has to be feed by spoon and drink by glass placed upon her lips.  The ...

Statistics, Baseball and Estate Litigation

Friday, May 1st, 2015

These are three of my favorite topics and sometimes, not often, they merge into a single storyline. For example, there is the story of Ted Williams (1918 -2002).   There are some statisticians who would argue that Ted Williams was the greatest baseball hitter of all-time. He is a Baseball hall-of-famer and ...

Powers of Attorney: How Not to Resign

Thursday, April 30th, 2015

I have seen many POA disputes about whether or not the grantor had capacity to appoint a new POA.  I have also seen numerous POA disputes about whether or not the named attorney was acting in a fiduciary capacity.  Just as common are POA disputes about how the attorney for ...