Guardianship of Property of Minor Children
Information Brochure prepared by the Office of the Children's Lawyer
Under the common law and Ontario statutes and regulations, the attorney for property is a fiduciary who must act in the best interests of the person whose assets the Power of Attorney/Guardian of Property has charge. There is an absolute strict duty to keep accounts of all transactions involving the property of the grantor of the Power of attorney. Breach of these duties may result in removal or sanction.
Information Brochure prepared by the Office of the Children's Lawyer
Shelly used her power of attorney to transfer her mother’s house into her name. That started a law suit. But that’s the middle of the story, let’s start at the beginning. Shelly lived with her mother Ruth in her Forest Hill home worth $1.4 million. The only other asset Ruth had was $300,000 in cash, which she inherited from her late husband. In 2001 Ruth appointed Shelly as power of attorney over property and personal care. Ruth also drafted a will where she left her house to Shelly with the balance of her estate to her son Mike.
The purpose of this article is to examine the precedent Living Wills developed & published by the Commission on Medical Ethics of the Rabbinical Council of America and Agudath Israel of America in the context of Ontario law. This paper will address whether a hospital is bound by a written power of attorney for personal care which requires that the Substitute Decision Maker (“SDM”) consult with a rabbi and be bound by the rabbi’s decision concerning end of life issues.
Benji was 44 years old and had lived with his mother all his life. He paid no rent and contributed no money towards the upkeep of the home. His older sister Esther was the capable child. When their mother planned for the future, she appointed Esther the Continuing Power of Attorney, but left the house to Benji in her will.
Sherrell was the only one of the four siblings who lived near her mother. She took care of Mom and helped administer the finances. To facilitate the process Mom gave a Power of Attorney for property in favour of Sherrell. The lawyers were called in when Mom died and certain financial transactions came to light. There were numerous issues in the court case. This article addresses the Power of Attorney and its use to transfer some money. One month prior to her mother's death, using the Power Of Attorney, Sherrell transferred $35,000 from her mother's account to her own. The lawyer for the brothers claimed the transfer of money was an unauthorized withdrawal and should be returned to the Estate.
Moe Maraachli and Sana Nader's recent dispute with a hospital over the fate of their terminally ill child highlights a debate over end of life issues. The author reviews an Ontario case to highlight how Ontario has death with the tension of a patient’s right to consent to treatment and a doctor's right to advocate for what he/she feels are in the best interests of the patient.