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
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
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