All About Estates

Tag: Powers of attorney

Total 9 Posts

Audio Recordings in a Guardianship Application; Think Twice Before Pressing Record

In the recent guardianship case, Rudin-Brown v. Brown, the court considered whether to admit into evidence recordings made of an incapable adult’s telephone conversations. Carolyn was found to be incapable in 2018.  In 2016, Carolyn signed new power of attorney documents for personal care and property (“2016 Powers of Attorney”)…

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COVID-19: Virtual Witnessing of Wills and POAs Now Allowed

It is no surprise that many people are contemplating their own mortalities during the COVID-19 pandemic and wish to make a will. However, the existing laws are particularly unsuited to making wills in a time of social distancing; it will usually be impossible or unsafe to have two people witness…

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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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Can We Prevent Elder Abuse?

I had the pleasure of attending last week’s Society of Trust and Estate Practitioners’ conference, titled “Elder Abuse and Manners of Protecting the Elderly”. It focused on financial abuse which is the most common form of elder abuse. It provided an excellent overview with a panel discussion presented and moderated…

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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,…

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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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Interrelation of Family Law and Estate Planning

With many couples, one or both spouses have had previous marriages or common law relationships. For many reasons, these couples’ estate planning instructions are not usually the traditional “all to my spouse with a gift over to my issue”, and clients should understand how their estat planning decisions may be impacted by family law.

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When It Rains, Use An Umbrella

Seniors have saved for the rainy day, but often they don’t recognize that it is pouring outside.

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Sibling Rivalry- All Grown Up.

When siblings fight. One adult child is asked to be POA for finance and one for care. So what happens when they disagree? This can be further complicated when two POA’s are appointed jointly.

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