Fifty Shades of Capacity
Co-written by: Kim Gale and Jocelyn Tatebe In estate law, there is no single definition of capacity. Likewise, there is no “black and white” test that can be universally applied to all situations or types of decision-making. This is because capacity is specific to the decision required to be made and the circumstances. It can
Read MoreResponsibilities and Duties of a Power of Attorney
Co-written by: Kim Gale and Jonathan Nimpar A power of attorney is a document which can be utilized to appoint someone you trust with the authority to handle your property or personal care. This is essentially an authorization given in advance that can be general or limited to specific acts that the attorney is allowed
Read MoreAmending an incapable person’s management plan 101
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Amending an incapable persons management plan 101 As wills, trusts and estates practitioners, it is important to understand the procedure of Guardianship Applications. It is crucial that these applications be completed correctly and that the client understands their duties. What
Read MoreCapacity for Powers of Attorney: A Legal Test
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. Power of attorney for
Read MoreHot Topics: Guardianship – When There is no Power of Attorney in Place
Guardianship – When There is no Power of Attorney in Place By: Kim Gale and Gabriela Caracas The average person does not give much thought to giving someone authority to act on their behalf though a Power of Attorney (“POA”), that is, until they are at a lawyer’s office. A serious medical issue in which
Read MoreHot Topics: Your Parent Can’t Handle Their Finances – What Do You Do?
Your Parent Can’t Handle Their Finances – What Do You Do? A very common effect of aging is cognitive deterioration. In fact, Statistics Canada reports that 1.4 million Canadians will be living with some form of dementia or cognitive impairment by 2031. Mom, dad, or both could
Read MorePower of Attorney Compensation Checklist
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. By Kimberly Gale If your client is appointed as attorney for property and/or attorney for personal care under a power of attorney document, here is a quick checklist of how to advise them on their compensation. The Fee Schedule Section
Read More