Total 143 Posts
By now many are familiar with the story reported in the National Post on March 2, 2017 by Ashley Csanady and the subsequent public outrage and calls for appeal in the Nova Scotia acquittal of a case of alleged sexual assault of a young woman intoxicated in the back of a taxi. For those unfamiliar with the story, a police officer had found the female complainant naked from the breasts….
Can a Drunk Clearly Consent? Continue Reading »
Capacity Law, In the News
Further to my colleague Diane Vieira’s March 15, 2017 blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a few changes including: Many of our older clients have outlived their family and friends We are also seeing an increase….
The Times Are A Changing and Our Laws & Policies Should Too Continue Reading »
Capacity Law, Elder Law, Geriatric Care Management, Power of AttorneyLast week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and the Mental Health Act (“MHA”). The report makes 58 recommendations to address issues such as financial elder abuse, misuse of….
LCO Releases Report on Capacity, Decision-making and Guardianship Laws Continue Reading »
Attorney Compensation, Capacity Law, Elder Law, Fiduciary Professions, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However, it is important to keep in mind that capacity is time specific. A diagnosis of dementia or Alzheimer’s disease, for….
Dementia does not Preclude Testamentary Capacity Continue Reading »
Capacity Law, Elder Law, Estate Litigation, Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Wills
Capacity to grant and revoke a power of attorney (POA) for property and personal care and incapacity to manage property and personal care is defined by legislation in Ontario by the Substitute Decisions Act. However testamentary capacity (capacity to make a will) is not defined by provincial legislation. Assessors from the Ministry the Attorney General can provide formal assessments of incapacity to manage property and personal care that can result in….
Capacity Issues – who are you going to call? Continue Reading »
Capacity Law, Elder Law, Guardianship, Power of Attorney, Testamentary Capacity
In my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….
POA for Property: A Marriage Sometimes Not Made in Heaven! Continue Reading »
Capacity Law, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity