All About Estates

Tag: guardianship

Total 9 Posts

New Arrival, New Will

Earlier this week, our group gathered to celebrate our colleague’s impending arrival of a new baby. It was a delightful occasion, with cake, presents, and well-wishes. Of course, conversation naturally turned to the preparations that our team member has made for her new addition. Parents-to-be typically spend a lot of…

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Children are not Chattels: Who Cares for a Child when a Primary Caregiver Dies?

In Marshall vs. Snow, the court was asked to determine who should be awarded primary custody of a minor child following the death of her mother (the child’s primary caregiver). Prior to the mother’s death, the child’s father and mother shared joint custody but not equal parenting time or decision-making rights…

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Who Can Be a Litigation Guardian?

A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to…

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Guardian of Personal Care: Step Up or Step Out

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.

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Court Orders Minor’s Funds be Paid into Court

Court declined to pay minor’s funds to parent; ordered proceeds of sale paid into court.

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LCO Releases Report on Capacity, Decision-making and Guardianship Laws

Last week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and…

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There is no place like home.

Dorothy was correct, there is no place like home…. and sometimes the powers that be (a strong advocate, a support team and the courts) can get you back there.

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Eeny, Meeny, Miney, Mo, Who Will Get Your Kids After You Go…

This is a question that plagues parents when they do their Wills – often to the point that they don’t actually do their Wills. Perhaps knowing what the effect of including a guardianship clause in a Will is, parents wouldn’t let this issue stymie the completion of their Wills.

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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.

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