I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property.
Category: Power of Attorney
Total 150 Posts
Further to my fellow blogger’s April 4, 2021 read, I thought I would continue the discussion on the importance of appointing an attorney for property and my particular area of interest, care. Have you ever wondered what would happen if you didn’t have a family member who could assume the role…
This Blog was written by: Taylor Sergeant, Scotiatrust In my job at as a Trust Officer, I see the importance of incapacity and estate planning daily. I understand and appreciate the value of having the difficult discussions needed to plan for a time in which you may no longer be…
Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or…
This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In my previous blog, Road Testing your Incapacity Plan, I reviewed incapacity planning from the point of view of the Grantor (the person appointing the attorney) in the Continuing Power of Attorney for Property (CPA)….
Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make…
Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should…
This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management As we approach mid-August, many students (and parents) have turned their minds to the new school year. Although this year post-secondary education may look slightly different for many students with the switch to online learning, it…
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.
Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the…