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 ...

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 ...