All About Estates

Category: Power of Attorney

Total 134 Posts

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to…

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To My Attorney: “I Do Not Want to Move in with my Kids”

A question that often arises when discussing powers of attorney is whether to appoint the same person as the decision maker for property and personal care. although the roles are distinct at law, in practical terms there is a great deal of overlap. There are advantages of appointing the same…

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Power of Attorney for Property & The Tax Association Rules

The small business deduction is a key tax incentive for entrepreneurs of small businesses.  If the corporation qualifies as a Canadian controlled private corporation (commonly referred to as CCPC), the net federal tax rate for active business income is 9% on the first $500,000. The Income Tax Act (the “Act“)…

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Record Keeping as an Attorney for Property

In Ventura v Ventura, 2022 ONSC 6351 (“Ventura”), the Court dealt with a number of issues relating to the duties and obligations of attorneys for property. In Ventura, “A”, “L”, and “E” were appointed as joint attorneys for property and personal care of their mother, “M”. In 2012, M was…

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Activating Powers of Attorney for Property in Ontario.

I happened to be on my google machine earlier today, doing a quick search of “activation of powers of attorney”. I found a rather upsetting website belonging to a member of the bar suggesting that a power of attorney ought to be activated “if the grantor dies”, and so here…

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Your Wish is my Command

A guardian or attorney for personal care has a duty to make decisions in accordance with an incapable person’s wishes or instructions as they were when the person was capable. The guardian or attorney also has an obligation to try and ascertain such wishes and instructions. If it is impossible…

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Wish lists are for more than just the holiday season

This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time…

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Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities.

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The SDA and Parens Patriae Jurisdiction

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney…

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Gefen Estate v. Gefen

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married…

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