All About Estates

Tag: guardianship

Total 7 Posts

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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