Archive for the ‘Power of Attorney’ Category

Big Gifts Can Lead to Big Problems

Friday, July 3rd, 2015

Attorneys for property be warned – if you make large payments to yourself from the incapable person’s property, be prepared to justify and account for those gifts.  Failure to do so may result in lengthy litigation. Such was the case in The Bank of Nova Scotia Trust Company v James.  Mr. ...

The Overzealous POA for Personal Care

Monday, June 15th, 2015

A character I have encountered frequently in my practice lately is the “I-make-all-of-the-decisions-now-and-it’s-my-way-or-the-highway” POA for personal care (POAPC).  This person steps in and makes sweeping decisions without properly consulting the grantor and the grantor’s supportive family and friends.  Whether having mendacious or well-placed motives, an overzealous POAPC can do tremendous ...

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 ...