Archive for the ‘Power of Attorney’ Category

Dutiful Son or Bad Faith Litigant?

Thursday, July 30th, 2015

In a recent Court of Appeal decision, the court looked at an attorney for property's fiduciary obligations to preserve an incapable person's assets. Joe and Pina married in 1993.  It was a second marriage for both of them and they each had adult children from their previous relationships.  At the time ...

Problems with POA for Property and Care: What’s in a Name?

Wednesday, July 22nd, 2015

Today's blog was written by guest blogger Dr. Richard Shulman. Dr. Shulman is a Geriatric  Psychiatrist and the Service Medical Director for Seniors Mental Health Services at Trillium Health Partners (Mississauga Hospital, Credit Valley Hospital and Queensway Health Centre) and he is available for independent medical-legal capacity assessments. Dr. Shulman is an assistant professor at the University ...

Inappropriate Guardian Compensation and Breach of Fiduciary Duty

Tuesday, July 7th, 2015

Nadia Osmulski needed a guardian. Her son Joe stepped in as court appointed guardian for property and personal care. Although Joe managed to ensure Nadia was taken care of, he made many decisions which were considered a breach of his fiduciary duty as guardian. While analyzing Joe’s conduct the court ...