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
Valuable and Helpful Legal Advice to Guardians in Ontario
Many individuals who have been named a guardian for personal care or property, or been granted power of attorney over someone’s affairs have never previously had experience with such matters. However, acting in any of these capacities involves significant responsibilities and obligations to the individual whose personal care and/or property you have been tasked with overseeing, and to their estate. There can often also be significant legal and financial implications if your responsibilities are not carried out.
In all of these cases it is important to consult with an estate lawyer early to ensure that you understand your obligations and protect yourself, the estate, the beneficiaries, and/or your loved one during what is often an intimidating process.
Have you been named a guardian for personal care, guardian for property, or been named in a power of attorney?
Guardians and attorneys are tasked with managing the affairs of a minor or a person who has been deemed incapable.
Guardians for Property
Guardians for property are appointed to manage the financial affairs of a person who is unable or incapable of doing so themselves. Guardians for property are appointed by the court, after making an application.
Guardians for Personal Care
Personal care guardians are appointed to manage the personal affairs of a person who is unable or incapable of doing so themselves. This includes managing: hygiene, nutrition, shelter, healthcare, clothing, and/or safety. Guardians for personal care are appointed by the court, after making an application.
Attorneys, often referred to as substitute decision-makers, are responsible for managing the financial affairs or personal care of a person who is unable or incapable of doing so themselves. Unlike a guardian for property, an attorney/substitute decision maker is appointed by the individual whose affairs they are responsible for prior to that individual losing their mental capacity.
We encourage you to consult with one of our experienced lawyers at Eisen Law as soon as possible upon being named as a guardian or attorney/substitute decision maker. We are a specialized firm with many years of collective experience providing guidance to individuals named in these functions. We can assist in:
- Helping you understand the extent of your duties and obligations as well as any liabilities that may attract for violation of same;
- Providing advice on fulfilling your duties and obligations;
- Outlining preventative measures to avoid litigation;
- Suggesting best practices;
- Other issues that arise out of guardianships and powers of attorney;
- Bringing an application for the appointment of a guardian;
- Responding to an application for the appointment of a guardian;
- Bringing a court application for the removal and replacement of an attorney or guardian.
Contact the estate lawyers at Eisen Law if you have been named a Guardian
Our lawyers can work with you on a one-time basis and assist you with specific issues that may arise during the course of your role as guardian or attorney/substitute decision maker, or we can assist you with more complex matters and provide ongoing long-term advice. Call us at 416-591-9997 or contact us online: we offer free initial consultations and will do our best to ensure you can easily access the legal advice that you need.
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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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