All About Estates

Month: June 2014

Total 19 Posts

POA’s for Care: Part 2/2

Continuing from my previous blog, the subject of Power of Attorney for Personal Care continues to require our attention. Fellow blogger Paul Fensom reviewed in his April 23, 2014 blog the results of the Scotia Poll finding that only 33% of respondents had a POA for property. My strong suspicion…

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The Canadian Medical Association Speaks on the End of Life Debate

The Canadian Medical Association, the national organization representing most Canadian physicians, released its report on End of Life Care in June 2014. This is an issue that has seen nationwide dialogue recently and the release of this report confirms that this dialogue will continue. The CMA made a few recommendations,…

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Estate & Trust Education

I have been thinking a lot about education over the past few weeks. Perhaps it’s because my daughter is graduating from high school later this month, at least that is what she tells me. Education has come up in a different context, several times over the past year or two….

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Foreign Executors Must Be Careful to Follow the Rules

A recent decision of Justice D. M. Brown, Re Estate of Albert Applegath III, provides an overview of the necessary steps a foreign executor must take to have her authority recognized in Ontario. Albert Applegath III died a resident of New Mexico. His will appointed his wife, Clavis, as executor…

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A medical perspective on Estate matters – a chastened viewpoint

I am very pleased to join the Allaboutestates blog to add a perspective on the role of the physician in estate matters. I recall vividly the first time I was asked in court: “Dr. Shulman, in your opinion did Mr. X have testamentary capacity at the time he executed his…

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Who is Your Daddy?

I think it is safe to say that the concept of “family” is a foundational principle in estate planning. I think it is also safe to say that, when asked, all of us would have a very clear understanding of what is meant by the term “family”. Unfortunately, unlike “children”,…

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POA- Personal Care: Part 1/2

My fellow blogger, Jasmine Sweatman addressed the important question of why people are reluctant to appoint powers of attorney. In her May 29, 2014 blog she wrote: “Quite often clients believe that if equally ranked substitute decision makers disagree, then either the majority rules or the eldest is given decision-making authority,…

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Elegy in a Hong Kong Churchyard

I am drawn to cemeteries. Even on vacation they pull me in. What I find compelling is the stories they tell, although individual stones are often frustratingly vague. The stories are most eloquent when they are layered on top of each other — leaving traces of complex, lost communities. Founded…

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A Will is a written and signed document that names one or more estate trustees to manage your assets and provides a plan for passing your assets on after you die. If you don’t make this plan yourself, the legislature has provided a default plan through statute. A living will,…

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