All About Estates

Tag: power of attorney

Total 15 Posts

What to do when a loved one dies?

Believe it or not, this is the title of a recent release from the Canada Revenue Agency (“CRA”). Is there really a softer side to the CRA? Let’s face there is a lot to do after a loved one dies, and a lot of it not related to tax. But…

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Powers of Attorney for Property: An In-Depth Review

My previous blog ended with the following sentence: “Where a power of attorney for property is effective upon execution, proper safeguards should be put in place to ensure the power of attorney is not inappropriately acted upon”. This blog will expand on the meaning of that sentence. Where a power…

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Sibling Rivalry Over Mother’s Competency

In 2009, Hermine Wekerle, mother of financier and Dragon’s Den star, Michael Wekerle, signed an unconditional power of attorney for property giving one of her three daughters, Caron, authority to be her substitute decision-maker. In 2016, acting under the power of attorney for property, Caron agreed to sell a little…

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November is Make A Will & Power of Attorney Month

My fellow bloggers and I write frequently about Powers of Attorney, however my concerns are often focused on the lack of planning when it comes to making Powers of Attorney for both Personal Care and Property. More specifically, although I do not have any statistical data, my subject matter experience…

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The Times Are A Changing and Our Laws & Policies Should Too

Further to my colleague Diane Vieira’s March 15, 2017  blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a…

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PERSONAL TAX SYSTEM FOR SENIORS: A PERSPECTIVE FROM THE CRA

Last month, a fellow blogger Audrey Miller wrote on care expenses and services in general which may be eligible for a tax credit in one form or another. Co-incidentally the Canada Revenue Agency (“CRA”) was recently asked to comment on the tax system overall as it applies to seniors and…

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Power of Attorney Terminated Despite No Misconduct

When a dispute arises inside a blended family over who will make substitute decisions for in incapable person, the court may have to step in. In Corewyn v McCulloch, 2015 ONSC 6039, Justice Sweeny appointed the incapable person’s daughter as her guardian, despite the existence of a valid power of…

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Financial Literacy, part 2

Today’s blog, while not about the Blue Jays winning the series (I was having a tough time finding the ‘estates’ connection), continues with the theme of Financial Literacy.

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Is Both a Belt and Suspenders Really Needed?

Is a Capacity Assessment Required if there is an existing Power of Attorney?

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You Can’t Choose Your Family BUT You Can Choose Your Friends (and your POA)

Who do you want making decisions for you when you are no longer able? Friends may know things about you that you aren’t comfortable or able to share with family; they often live in the same city; have shared a number of life experiences and they can often be closer than blood relatives. So what’s the deal?

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