Estate and Probate Lawyers
If you have been appointed as an attorney under a Power of Attorney (“POA”) and have accepted that appointment, there are many obligations and responsibilities you need to assume. As an attorney, you have a fiduciary obligation to the person who has appointed you to act on their behalf (the “Donor”). This means that every[…]
Read MoreBeing appointed as attorney under a power of attorney is an important responsibility. The attorney is entrusted to access and manage the financial assets of the person who has appointed them (the “Donor”). In handling the Donor’s property, an attorney is required to act in the best interests of the Donor. This duty is often[…]
Read MoreIn our previous post we discussed differences between Powers of Attorney and Personal Directives. We indicated that these documents are just as important as a will. Because a will is a legal document that comes into force when you die, you yourself will not experience the benefit of the planning you put into your will. […]
Read MoreWe often hear about the importance of having a will to direct how we want our property to be distributed when we die. However, it is just as important to provide instructions on how we want our affairs to be managed if we become incapacitated during our lifetime. Decisions relating to finances and healthcare can[…]
Read MoreA Guardian is responsible for making personal decisions and a Trustee is responsible for making financial decisions. Personal decisions that a Guardian may be responsible for include decisions about the adult’s: Healthcare Living arrangements Education Social activities Employment Legal proceedings (as long as they aren’t primarily about financial matters). Guardians can’t make decisions about: Finances[…]
Read MoreWhen a family is discussing who should be someone’s Guardian and Trustee for a disabled adult child the discussion starts by choosing who wants to be involved. It can be a lot of work to take on these roles and it is important to have family members who have the time to commit. Immediate family[…]
Read MoreMost Trusteeship Orders will require the Trustee to account to the court for their management of an adult’s finances. If a child is taking care of their parent’s funds with a Trusteeship Order the accounting obligation allows the court to ensure that everything is being done legally. Preparing an accounting application can take a lot[…]
Read MoreWhen a person is incapable of handling their own finances they may need a Trustee. A Trustee is normally a family member appointed by a court order to handle the financial and legal affairs of the adult.
Read MoreWhen a child with a disability turns eighteen years old their parents may come into problems when continuing to assist with their life. A parent has legal responsibilities and powers over their child while they are a minor but those powers end when the child turns eighteen. When children reach the age of majority, they are …
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- The Duty of an Attorney to Account 16th Jun 2021
- Abuse Under a Power of Attorney 25th May 2021
- A Valuable Contingency Plan: The Importance of a Power of Attorney and Personal Directive 21th Apr 2021