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capacity assessment

The Shrink Next Door – legal options if this took place in Canada

Imagine Martin Markowitz’s sister coming into your office and telling you her brother’s story: “For nearly 30 years your psychiatrist takes over your life, claims your Southampton estate and your family business, as well as your Swiss bank account as his own. … He convinces you to become estranged from your only sister and persuades you that anyone you date is after you only for your money”.
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where in world

Where in the world should I prepare my powers of attorney?

While initiatives by lawmakers are being pursued to harmonize laws addressing the enforceability of capacity-related documents worldwide, this has not yet been finalized.  Therefore, when issues regarding the enforceability of POAs arise, consultation with a litigation lawyer about what your options might be – potentially in coordination with a litigation lawyer in another jurisdiction – is recommended.
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power of attorney

A Power Of Attorney Primer

My friend Moe was appointed an attorney. He took on the role with the attitude – “how hard could it be?” He then asked me where he could find a Power of Attorney for Dummies book. I could not find one. So in honour of my friend Moe I wrote this primer on what to do once you have been named as a power of attorney for property.
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power of attorney

Still Don’t Have a Power of Attorney for Healthcare?

No one likes talking about getting sick or dying. But in today’s world, choosing a Power of Attorney (POA) is a difficult conversation we need to have with our loved ones. A Power of Attorney grants a person of your choosing the power to make important financial and medical decisions on your behalf, should you be unable to. However, studies show that 56% of Canadians have not written their will or powers of attorney. As a result, there are a growing number of families that have had to deal with difficult, stressful situations when a family member becomes ill or incapacitated.
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Power of Attorney

When an acting attorney for property isn’t the right person for the job

When the time comes to consider estate planning options, there are a variety of different legal mechanisms that you can use to protect your personal and financial interests. One of the most effective ways of ensuring that your wishes are respected if you become infirm or incapable of making decisions is to grant a power of attorney for property or personal care to someone you trust. The only problem is that the future is uncertain and family dynamics change. The person named as your attorney today might not be the best person for the job when it really matters. If the person appointed as your parent’s power of attorney drops the ball, are you stuck with that power of attorney or do you have options?
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