The Consent and Capacity Board Cannot Appoint a Guardian of Property
A recent article in the London Free Press discussed the difficulty a local woman is experiencing in attempting to deposit a settlement cheque issued on behalf of her incapable brother. The article refers to a process whereby the individual would not have to become her brother’s official guar…
View the post titled The Consent and Capacity Board Cannot Appoint a Guardian of PropertyUS Estate and Gift Tax: Part I – an introduction
Canada has not had estate and gift taxes since their repeal in 1972.[i] It will be a surprise for many Canadians that they could still be subject estate and gift taxes under US tax law. Canadian residents who are not US citizens can be subject to tax on assets owned in the United States including...
View the post titled US Estate and Gift Tax: Part I – an introductionRDSPs: working with Henson Trusts
Prior to the introduction of the Registered Disability Savings Plan (RDSP) in 2008, the most prudent financial planning tool for parents with a child suffering from prolonged and severe disabilities was the Henson trust. RDSPs have not made the Henson trust obsolete; it can be used jointly w…
View the post titled RDSPs: working with Henson TrustsGuardianship Applications and the Substitute Decisions Act
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. …
View the post titled Guardianship Applications and the Substitute Decisions ActCapacity and Powers of Attorney
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” …
View the post titled Capacity and Powers of AttorneyProposed legislation will end preferential tax treatment for Testamentary trusts by 1 January 2016
In October 2014, the Federal Government tabled a Notice of Ways and Means Motion to implement changes to the Income Tax Act (‘ITA’) proposed in the 2014 Federal Budget. The government first disclosed its concern about perceived abuses of the tax treatment of testamentary trusts in the 2013 F…
View the post titled Proposed legislation will end preferential tax treatment for Testamentary trusts by 1 January 2016The Disability Tax Credit – Do You Qualify
In light of recent changes to the tax treatment of testamentary trusts, it is important for those planning for the future care of individuals with disabilities to understand the rules for Disability Tax Credit eligibility. Due to these taxation changes, only Qualifying Disability Trusts will…
View the post titled The Disability Tax Credit – Do You QualifyContributing to your RDSP
The Registered Disability Savings Plan (RDSP) is a government assisted savings plan available to individuals who qualify for the Disability Tax Credit (DTC) and is intended to help ensure the financial security of an individual with a disability. Federal government contributions may also be …
View the post titled Contributing to your RDSPRDSPs: Who is eligible and what are the benefits?
The Registered Disability Savings Plan is an important tool for Canadians with severe disabilities. These accounts provide long-term financial security for individuals with a severe disability and who qualify for the Disability Tax Credit. This article explains the main benefits of an RDSP a…
View the post titled RDSPs: Who is eligible and what are the benefits?Wills, trusts and estate planning for people with disabilities and their families
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 s…
View the post titled Wills, trusts and estate planning for people with disabilities and their familiesReceive Blog Posts
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