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Powers of Attorney

Financial Exploitation and Elder Abuse

Written by on February 21, 2018.

What is Elder Abuse? [1] Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his brother, Esau, thereby securing for Jacob an inheritance that was to go to Esau. Things worked out rather well for Jacob, what with his 12 sons, one of whom, with his multi-hued coat, inspired a musical. Thin...

Removing a Court-Appointed Guardian in Ontario

Written by on December 16, 2015.

Previous articles have discussed powers of attorney and guardianships and the duties and obligations of attorneys and guardians. But what can be done when a family member of the incapable person feels that the guardian or attorney is not acting appropriately? Occasionally, supportive friends or family members may have concerns about the actions taken by an attorney or guardian and may seek to have that person removed or replaced by the court. While the standard required to remove an attorney ...

Capacity and Powers of Attorney

Written by on November 25, 2014.

When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” decision, so long as they are able to appreciate the consequences. The legal test for capacity varies based on the type of decision that the person is making. Generally, any decision will fit...

Guardianship Applications and the Substitute Decisions Act

Written by on November 25, 2014.

Usually, a power of attorney document will be used when a person becomes incapable. However, if that person did not have a power of attorney for property or personal care before they became incapable, a decision maker may have to be appointed by the court under the Substitute Decisions Act. This is known as a guardianship application. Guardians can be appointed to make personal care decisions for the incapable person or to make property decisions for the person. One person can be a guardian...

Wills, Trusts and Estate Planning for People with Disabilities and their Families

Written by and on June 01, 2014.

Introduction Families are very familiar with positive planning processes that are focused on helping their child with disabilities to have a good life. You may have had help by many people in your unique situation to develop a good plan: extended family and friends, members of your child’s support circle, other families in similar circumstances, or facilitators. In order for your plan to continue after you are gone, it is also necessary to develop a will and estate plan. Your lawyer’s resp...

Predatory Marriage: A Modern Day Marriage Trap

Written by on January 07, 2014.

Predatory marriages are a developing phenomenon in Ontario. Predatory spouses take advantage of elderly victims and assume control of their financial affairs. This can have severe consequences for the victim and their family. Recently Canadian courts have taken a stricter stance on what sort of capacity is required for marriage. In this article, Dagmara Wozniak looks at the issue and some of the relevant laws. Predatory marriages are a developing phenomenon. The term “predatory marriage” ...