There is a broad range of issues respecting legal capacity. For example, a person may be taken advantage of financially by their guardian/attorney for property. There may be a dispute over how a loved one’s property and personal care should be handled.
A decision-maker may need to be appointed for a person who may not have the capacity to make their own decisions in the form of a guardianship application.
Financial abuse is the most commonly reported type of abuse against older adults, according to the Canadian Department of Justice. Most commonly, elder financial abuse is conducted by a family member, but it can also be inflicted by a caregiver, service provider, or another person in a position of power or trust.
Unjust enrichment is a doctrine in equity where (1) one party enriched/benefitted another (2) to their detriment (and (3) there is no juristic reason for the enrichment).
Quantum meruit is a claim to recover damages on a contract where the contract was not yet completed and its terms are unenforceable.
Sometimes the person appointed to take care of a family members finances, health or in charge of a deceased’s estate is not the best person for the job. When this happens, there is recourse to go to court and seek to remove this person and appoint someone better suited for the position.
If a loved one passes away without a will (dies intestate), we can help you understand your rights. We will explain your rights and options in a manner that is easy for you to understand.
We also offer a free consultation, which is an opportunity for you to speak to a lawyer before making any commitment. Call us for a free consultation on (416) 868-3263.
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