Beware of the Font Fraudster! He/she is lurking around every corner, or, more fittingly, around ever matter. In McGoey (RE), a commercial litigation matter, a bankrupt telecom executive attempted to shield two properties from creditors by asserting that they were held in trust for his children. There were even trust documents purporting same! The documents … Continued
Trusted Toronto Estate Lawyers Navigating Substitute Decision Maker Disputes
An individual granted power of attorney over someone’s affairs, often referred to as a substitute decision-maker, is responsible for managing the financial affairs of a person who is unable or incapable of doing so themselves. Unlike a guardian for property, who is appointed by a court, an attorney/substitute decision maker is appointed by the person whose affairs they are ultimately responsible for prior to that person losing their decision making capacity.
It is important to be careful when making power of attorney decisions. An improperly chosen substitute decision maker can have harmful legal and financial implications. For instance, a substitute decision maker may not have the necessary knowledge and skill to effectively make decisions, or a substitute decision maker may abuse his or her power. Indeed, this is an area of estate law that frequently leads to lengthy, emotional, and expensive litigation.
The experienced estate lawyers at Eisen Law in Toronto can help you navigate the stressful terrain of substitute decision making and any disputes that may arise. We have many years of collective experience helping families make sure that the interests and rights of their loved ones are protected.
Substitute Decision Makers in Ontario
Based on the Substitute Decisions Act, a person with power of attorney over property, also known as a substitute decision maker, has the authority to make financial decisions in the best interest of the individual who granted the power of attorney, or the “grantor”. This authority includes making decisions such as:
- Managing the grantors investments and other financial decisions;
- Managing the grantor’s household and other bills and ensuring expenses are paid on time;
- Managing the grantor’s budget.
Power of attorney is generally granted while the grantor still has the capacity to make their own decisions.
Contact the Toronto estate lawyers at Eisen Law for assistance with Substitute Decision Maker Disputes
At Eisen Law, our compassionate, empathetic, and forward-thinking estate lawyers will guide you through the emotional and often stressful process of substitute decision maker disputes and will loved one’s interests are protected. 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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Latest news and posts from the Eisen Law blog
Our managing partner, Shael Eisen, spoke last Friday at the Northwind Professional Institute’s High Net Worth Forum held at Cambridge’s beautiful Langdon Hall. Participating as part of a panel of expert estate litigators, Shael shared some of his wisdom about issues facing lawyers and their clients in the field and entertained the crowd with some … Continued
Holly LeValliant spoke at Osgoode Hall’s Powers of Attorney and Guardianship Program last week, an seminar in which estate law experts gave presentations as a continuing education opportunity for lawyers working in the field. Holly’s presentation focused on uncontested guardianships. In lay terms, this refers to the process by which an individual may apply to … Continued