Powers of Attorney: How Not to Resign

Thursday, April 30th, 2015

I have seen many POA disputes about whether or not the grantor had capacity to appoint a new POA.  I have also seen numerous POA disputes about whether or not the named attorney was acting in a fiduciary capacity.  Just as common are POA disputes about how the attorney for ...

Choosing a POA: A Litigator’s Perspective

Tuesday, November 25th, 2014

Two things got me thinking about power of attorney litigation.  I listened to a great program on CBC on Sunday, where the guests – an estate litigator in Toronto and an elder law specialist from the west - talked about the trend that many estate litigators have seen lately.  That ...

POWERS OF ATTORNEY AND ALTER EGO TRUSTS

Tuesday, September 16th, 2014

My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets ...