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 Estate Lawyers Attorneys for Property & Personal Care
Many individuals who have been granted power of attorney over someone’s affairs have never previously acted in such a role. However, acting as attorney involves serious responsibilities and obligations to the individual whose personal care and/or property you have been tasked with overseeing, and to their estate. There can be significant legal and financial implications if your responsibilities are not carried out well, or if they are not carried out at all.
It is crucial to consult with an estate lawyer as early as possible when named attorney, to ensure that you understand your obligations and protect the estate, the beneficiaries, your loved one, and yourself during what is often an overwhelming and stressful process.
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 guardians for property or personal care, 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 estate lawyers at Eisen Law as soon as possible upon being named an attorney. We have many years of focused experience providing guidance and advice to attorneys. We regularly assist with:
- Helping you understand the extent of your duties and obligations and any liabilities you may face;
- Providing advice on fulfilling your duties and obligations and suggesting best practices;
- Outlining preventative measures to avoid liability, risk, and litigation;
- Advising on any other issues that arise out of powers of attorney.
Contact the estate lawyers at Eisen Law in Toronto if you have been named an Attorney
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.
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