Archive for the ‘Guardianship’ Category

Caught by Unintended Consequences

Friday, June 26th, 2015

Last week we spoke about domestic contracts and will drafting. This week we shift to situations of incapacity – where the spouse with the support obligations becomes incapable.  As we know, once an individual becomes incapable of managing their own property, his or her attorney or guardian of property will ...

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 ...

When There is No POA for Care.

Wednesday, May 13th, 2015

We are seeing more and more seniors who are outliving their family and friends whom they had named as their POA and are now alone. Fortunately, when the banks are named as POA for property, they are able to step in and  start acting when needed.  However where does the ...