The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…
This blog post was written by: Taylor Sergeant, Associate Estate and Trust Consultant, Scotiatrust Ottawa When it comes to estate planning, few decisions carry as much weight as selecting your Power of Attorney (POA). This person will have the legal authority to make financial or personal decisions on your behalf….
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Dementia is not just a medical diagnosis; it’s a family story that unfolds over years. Canada’s numbers are climbing—projections suggest more than 1.7 million Canadians could be living with dementia by 2050. That’s a lot of spouses, adult children,…
In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or…
Recently, an elderly patient suffering from moderate-to-advanced stage dementia, with behavioural complications, was hospitalized on a psychiatric admission. The patient, who was declared incapable to consent to treatment, was initially held involuntarily under the Mental Health Act, RSO 1990, C M.7 (the “MHA”). The patient had appointed a cousin as…
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…
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…
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…
It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities.
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…