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
Toronto Power of Attorney Lawyers Ensuring Proper Care of your Loved Ones
When the mind or body weakens, a person often comes to rely on another individual to assist in the management of his or her property and personal care. Such an arrangement can be legally formalized through granting a power of attorney for property or personal care.
A tremendous amount of trust and responsibility is placed on the person who has power of attorney over the affairs of someone who is no longer capable. In some situations, the trust granted to an attorney is abused, and it may be necessary to take action.
At Eisen Law in Toronto, we assist the friends and loved ones who are concerned about an appointed attorney. We have many years of experience ensuring the proper care and prudent financial governance of the affairs of an incapable individual.
Power of Attorney in Ontario
Attorneys, also known 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. A power of attorney is generally granted while the grantor (i.e- the person giving someone else power of attorney over their affairs) still has the capacity to make their own decisions. This is in contrast to a guardian for property, who is appointed by a court. This is an important distinction.
Common Power of Attorney Litigation
- Power of attorney disputes
- Challenges to the validity of powers of attorney
- Passing of accounts and contested administrations
- Applications for guardianship
- Applications for the advice and directions of the Court
- Elder Abuse
- Powers of attorney signed under duress or with undue influence
- Theft and embezzlement
- Breach of fiduciary duty
Contact the Toronto estate lawyers at Eisen Law for guidance with Power of Attorney issues
At Eisen Law, estate law is all we do. Our trusted and compassionate estate lawyers will guide you through the emotional and often stressful decisions around power of attorney matters, and will ensure your loved one’s interests are protected. Call us at 416-591-9997 or contact us online.
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.
Questions? Send us an email
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