This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management “Fraud is the most frequently reported banking issue across all age groups.”[1] In 2021 more than 100,000 cases of fraud were reported by the Canadian Anti-Fraud Centre with over $380 million dollars lost.[2] These numbers only…
Category: Power of Attorney
Total 132 Posts
This is Part III of my saga on incapacity planning in a corporate context. Part I and Part II can be found respectively at: https://www.allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/, and https://www.allaboutestates.ca/what-happens-when-a-shareholder-voting-or-a-director-becomes-incapable-powers-of-attorney-for-property-and-shareholder-agreement-drafting-tips/. As a reminder, Part II addressed two situations that we, as estate planners, are commonly asked about: A director becomes incapable – who…
This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://www.allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable…
I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends.
This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management Is your caregiver the best person to make financial and property related decisions for you? Should these roles be filled by different people with unique skill sets? Will your caregiver respect the input and decisions of…
In Winkler v. Thompson, the court considered whether a niece who held a power of attorney for property for her uncle (the “Deceased”) but insisted that she never acted in a fiduciary capacity for the Deceased should have to pass her accounts. The Deceased was survived by his estranged spouse…
A clinical dilemma: a patient was diagnosed with dementia in the mild-to-moderate stage requested to be discharged home from hospital to live alone despite the opinion of the attorney for personal care and property that the patient is unsafe to do so. The clinical opinion was also that the patient…
Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when…
The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1)…
The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth…