All About Estates

Tag: capacity

Total 11 Posts

Assisting Detection of Hospital Acquired Delirium by Informal Caregivers – The Sour Seven

In the March 2018 edition of Reader’s Digest, I came across an article called “State of Confusion”[i] about hospital acquired delirium and the negative consequences that can arise from it. (The author’s original article can be found online.)[ii] The editor’s letter “Decoding Delirium”[iii] in the same issue recounts her mother’s…

Continue Reading

What Gets Your Spidey Sense Tingling?

If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will,…

Continue Reading

Can a Drunk Clearly Consent?

By now many are familiar with the story reported in the National Post on March 2, 2017 by Ashley Csanady and the subsequent public outrage and calls for appeal in the Nova Scotia acquittal of a case of alleged sexual assault of a young woman intoxicated in the back of…

Continue Reading

The Times Are A Changing and Our Laws & Policies Should Too

Further to my colleague Diane Vieira’s March 15, 2017  blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a…

Continue Reading

Costly Cottage Dispute – $403,174.85 in Legal Costs Sought in Dispute Over $300,000 Cottage

At long last, cottage season is upon us. As I gaze longingly out my window at the construction of what looks like an awesome rooftop patio in the making, I thought it would be fitting to write about a cottage dispute.[1] A really, really expensive cottage dispute. The background was…

Continue Reading

Financial Literacy, part 2

Today’s blog, while not about the Blue Jays winning the series (I was having a tough time finding the ‘estates’ connection), continues with the theme of Financial Literacy.

Continue Reading

Presumption of Capacity and Duty of a Solicitor

A person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.

Continue Reading

Summary Judgment Dismissed: Notes Support Suspicion of Undue Influence

The capacity assessor’s notes confirmed that the testator had testamentary capacity but also raised the issue of undue influence. Summary judgment dismissed on the issue of undue influence

Continue Reading

The Accountant of the Superior Court of Justice: From an estates and guardianship perspective

The Accountant of the Superior Court of Justice-how does the fiat procedure work? What types of fees does the Accountant of the Superior Court of Justice charge for funds they hold in trust? A recent OBA program addressed these issues and more.

Continue Reading