This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management. Some readers may ask the question, what’s the difference between a General Power of Attorney for Property (“GPOAP”) versus a Continuing or Enduring Power of Attorney for Property (“CPOAP”)? To be completely honest,…
Category: Power of Attorney
Total 65 Posts
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…
My June 2017 blog described that most seniors appoint a continuing power of attorney for property (CPOAP), partly to avoid having the Office of the Public Guardian and Trustee (OPG&T) assume the role of statutory guardian of property under the Substitute Decisions Act (SDA) or the Mental Health Act (MHA)…
Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive…
Earlier this week, the Law Commission in the UK confirmed that electronic signatures can be used to sign formal legal contracts under English law. John Hancock is rolling over in his grave. In England and Wales, the Law Commission is an independent legal advisor set up by Parliament to review laws and recommend reforms. The Commission has issued…
I am one of the lucky ones. I like what I do and I enjoy my work very much. The counsellors who work with me say the same thing and while we do deal with much sadness, we always try and find the positive in our daily work. This is…
Section 4(1) of the Health Care Consent Act (HCCA) sets out a two-part test for determining whether a person has the capacity to consent to medical treatment, to be admitted to a care facility, or to receive a personal assistive service/device: Is the person able to understand information relevant to…
This past week I met with two new clients who were both single women in their mid- 70’s. They both lived alone in their own condos and had retired from well-paying jobs. There were reaching out to EC to help guide them in thinking about and planning for a time…
There is a recurrent theme that I continue to see in my elder care work with families. It involves a breakdown in communication that has likely started sometime ago. As a result of this miscommunication, the trusting relationship that I would like to be believe originally existed there, has been…
Case Example 1: John, was a 93 year old, well -to -do gentleman, never married and had no known family. He lived in his own home in a nice part of the city. His next door neighbor had kept an eye out and assisted him over the years by shoveling…