Capacity

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 capacity to make their own decisions in the form of a guardianship application. 

We are able to assist with capacity issues, some of which include misuse of a Power of Attorney document, or appointing a guardian.

Powers of Attorney

A Power of Attorney is a document where a person is seeking another trusted individual to make decisions for them. There are two types of Power of Attorney documents: one for property and one for personal care.

Depending on what is stated in the document will depend on when the document comes into effect.

The person appointed and chosen as Attorney has significant decision making power over the person named. It is important that any misuse of a Power of Attorney is addressed properly and that you seek counsel to discuss your or your loved one’s rights. 

Guardianship 

A person you care about deeply may lack the capacity to make decisions related to their property or personal care and they do not have a valid Power of Attorney document. If this happens, we can assist you in applying to the court to seek for a guardian to be appointed.

In other situations, you might find yourself or a loved one the focus of a contested guardianship application. In this case, you may have full capacity, but need assistance proving this in court, or seek to resist to someone’s effort to seek guardianship over you or your loved one’s property and have someone else appointed.

 

What to do next

We understand that this is a difficult time for you and your family and this is merely a brief overview of the law regarding capacity issues. Your best interest is our main concern and we make sure to adopt cost-effective solutions in a timely manner.

We will explain your rights and options in a manner that is easy for you to understand.

We also offer consultations, which are an opportunity for you to speak to a lawyer before making any commitment. Call us for a consultation on (416) 868-3263.