All About Estates

Category: Power of Attorney

Total 63 Posts

Undue Influence by “Unwitting Proxy”

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…

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e-Signed, Sealed, Delivered….and Legal

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…

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A Feel Good Story

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…

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When More Help is Needed: Moving Seniors with Dementia to Care Facilities

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…

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Sharing the Caring

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…

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Trust and (Mis)Communication in Families

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…

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Could There Have Been A Different Outcome?

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…

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POA: Stuck Between a Rock and a Hard Place

This blog is written by Sue Norloos, LLB, Will and Estate Planner at Scotiatrust. No one wants to be caught between a rock and a hard place.  It’s awkward and uncomfortable.  Consider the following family scenario: An adult child has benefited from period payments and has also been promised generous…

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New Year, New You?

Most peoples’ new year’s resolutions include going to the gym more often, eating healthier, losing weight, spending more time with family and friends, saving more money and getting more sleep, to name a few, but what about reviewing your estate plan? If you have experienced any significant changes in your…

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The SDA and Incapacity to Manage Personal Care – Additional Commentary on Limitations in Legislation

Pursuant to Section 45 of the Substitute Decisions Act (SDA),[i] incapacity for personal care is defined as – A person is incapable of personal care if the person is not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter,…

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