This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In Ontario, there is a massive backlog of appointments for driving tests due to the shutdown of DriveTest Centres. This led me to quickly check the expiry date of my own Driver’s License, which quickly…
Category: Capacity Law
Total 90 Posts
This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management As an Estate and Trust Consultant who works closely with financial advisors and their clients, I find myself being asked increasingly often to help clients whose capacity has become a concern. This seems to…
While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants.
This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management We all know how important it is to have a valid will. Part of that validity stems from ensuring that the testator was capable and of sound mind when he or she signed the will. …
Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to…
Financial elder abuse is defined by the World Health Organisation as the illegal or improper exploitation or use of funds or resources of the older person.[i] The misuse of a senior’s funds and assets involves the use of the senior’s funds without that senior’s knowledge and/or full consent, or, in…
Last month I wrote about the issue of consent for CPR, explaining that the Court in Wawrzyniak v. Livingstone confirmed that a physician’s duty is to his or her patient and not the interests of the substitute decision-maker (SDM). Treatments that are not believed to be in the interests of…
The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined…
The case of Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII) is a landmark decision that readers may find interesting. It clarifies physicians’ obligations with respect to the writing of no-CPR (cardiopulmonary resuscitation) orders and the provision of CPR in Ontario hospitals. The decision has led to the College of Physicians…
Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. I recently came across an article talking about death doulas. Yes, you read right, death doulas. While I’ve heard of doulas helping pregnant women come up…