All About Estates

Category: Power of Attorney

Total 87 Posts

Enduring POAs and Gathering Bank Accounts

This blog was written by Suzanne Singh A Power of Attorney is a document that can bestow a wide range of powers to a named party or parties (the Attorney) by an individual (the Donor). POAs may be special or limited in their scope, or enduring in nature where they…

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No Passing of Accounts Unless “Significant Concern”

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…

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Why Plan For One When You Can Plan For Generations?

This blog was written by Alex Fournier The Trust industry has shifted its focus towards servicing the biggest market segment yet to be seen – the Baby Boomers. With the biggest intergenerational wealth transfer coming, it is the most logical course of action to undertake. In Canada alone, reports speculate that…

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Fiduciary Investing Series – Powers of Attorney and Investment Portfolios

  This blog has been written by Robert Boyd, Director, Scotiatrust. When one assumes the role of power of attorney for property, it is often taken as a duty or even an honour. The fact that someone is willing to bestow the responsibility to take care of their financial affairs…

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Concerns about Consent for Cannabis Prescriptions in LTC

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…

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New Guidelines on Provision of CPR in Hospitals

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…

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Inadequate Execution of a Will led to Court Dispute

In Bayford v. Boese 2019 ONSC 5663 the deceased Mr. Boese was the sole owner of a farm in Eastern Ontario he inherited from his parents. He never married and had no children. For two decades prior to his death, Mr. Boese was assisted in the operation of the farm…

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Trustee’s Personal Liability – It Could Go on for Years!

Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children…

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Power of Attorney Disputes: Effective Capacity Assessments

I was honoured to moderate a panel today at the Advocates’ Society’s CPD today “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute” (which will be available for purchase online in a couple of months as a webcast archive at TAS’ website). Justices McEwen and…

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Attorney for Personal Care = Big Responsibility

My colleague Dr. Shulman in his July 30, 2019 blog “What an Attorney for Personal Care Can Do” described the roles of the substitute decision maker and the very important part they play in ensuring their loved one’s wellbeing. I have used ‘loved one’ but actually in many cases, the…

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