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 ...

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 ...