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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 power of attorney 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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Elder Care

Paying Children to Care for their Parents?

When children grow up and start families of their own, they remain involved in their parents’ lives to varying degrees. Across Ontario, adult children are faced with choices concerning the care of their elderly parents. Some will elect to live with their parents and provide personal care. When private nursing costs tens of thousands of dollars per year, should the adult child who elects to care for a parent at home be allowed to claim compensation for the care provided? If so, how much compensation is reasonable?
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Challenging the Wills of the Living

The traditional rule in Ontario is that one cannot challenge a will while the testator is still alive. However, in recent years, there have been some cases in which judges have expressed a willingness to adjudicate upon the validity of a will prior to the testator’s death. These cases might be mere anomalies or they might be signs that the general rule is weakening.
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Abrams v. Abrams & Capacity Assessments

Once a parent is declared incapable, the children can, under the right circumstances, be appointed guardians of their parents’ property. Judges recognize that a person who is genuinely incapable might need a guardian, but judges are also reluctant to order that a person undergo a capacity assessment when that person is unwilling. After all, a capacity assessment can be seen as an intrusive and demeaning exercise. A perfect example of this type of fight happened in the case of Ida and Philip Abrams.
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