The creation of a well-designed estate plan is key in minimizing the likelihood of estate litigation in the unfortunate event of their death. Failing to properly plan what will happen to your property upon your death can result in conflicts amongst your family members and loved ones. A recent decision from the Ontario Superior Court … Continued
Experienced Toronto Estate Lawyers Able to Act as Guardians for Property
Guardians for property or personal care are appointed in circumstances where a person is no longer capable of making decisions regarding their finances or personal care. The intention of the guardianship process is to ensure that the interests of persons deemed incapable are protected. Often, a guardian for property is a friend, family, or loved one. In limited circumstances, however, estate lawyers can be retained to function as guardians for property. This generally happens when there is no other suitable guardian.
The estate lawyers at Eisen Law have the necessary experience and knowledge to function as guardians for property if needed. We are a boutique firm with many years of collective experience advising guardians as to their duties and responsibilities, have a comprehensive understanding of the applicable laws and regulations, and can proactively manage and mitigate any risks.
The Purpose of a Guardian for Property
Guardians for property play a significant and serious role in the life of a person no longer capable of decision-making. They essentially step into that persons’ shoes to make financial, real estate, and other important decisions on their behalf. Guardians have the power to affect the most important aspects of the incapable person’s life and must carry out their duties and responsibilities with the highest standard of honesty and trust and always act in the best interests of the incapable person.
Importantly, the guardian is not personally responsible or liable for the incapable person’s financial obligation (whether bill paying, or similar). In addition, the guardian for property does not assume ownership of the incapable person’s assets – ownership remains in that person’s name.
Contact the Toronto estate lawyers at Eisen Law if a Guardian for Property is Needed
At Eisen Law, our knowledgeable and experienced lawyers can help you ensure that the interests of your loved one are taken care of. We offer free initial consultations and will do our best to ensure you can easily access the legal advice that you need. Call us at 416-591-9997 or contact us online if you need assistance in this specific area of estate litigation.
Estates & Trusts
Advocating for Both Estate Trustees and Beneficiaries in Estates
Providing the Management of Care for Those Who Can’t Care for Themselves
Powers of Attorney
Ensuring Proper Care and Governance for Your Loved Ones
Navigating you through all your options, legal rights and obligations
Probate & Estate Administration
Assisting with carrying out duties for executors
Mediation Can Dramatically Reduce Time, Cost, and Stress
Eisen Law provides the experience, expertise and compassion needed to navigate through a difficult journey.
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Latest news and posts from the Eisen Law blog
When people think about estate disputes it is common to think about family members disagreeing about the distribution of an estate. However, estate litigation can also arise from business relationships. This was the case in a recent case heard before the Ontario Court of Appeal where the business partner of the deceased pursued an action. … Continued
Our partner Holly LeValliant gave a talk on in terrorem clauses at the Six Minute Estate Lawyer event held by the Law Society on April 29th. In plain English, in terrorem clauses are stipulations in Wills that make bequests conditional upon the recipient not taking certain actions. They are most often used to prevent beneficiaries from challenging … Continued