How Fiduciary Duty Applies To The Role Of Executor And Power Of Attorney

Common law places a special responsibility on someone who is in position of authority relied upon by vulnerable people. This type of duty is characterized as being a Fiduciary. One of the aspects of that special responsibility is that the person wielding it must conduct him/herself remembering that their first and primary mission must be [...]

Powers Of Attorney For Management Of Property, And For Personal Care

Typically when we do wills we ask our clients if they have current powers of attorney. There are two types of powers of attorney in Ontario. One is called the Continuing Power of Attorney for Management of Property. In this document you appoint one or more individuals to make decisions for you concerning your financial [...]

Examination of Power of Attorney

In Re Nesbitt Estates, an unreported 2005 decision of the Ontario Superior Court of Justice that is presently under appeal, the actions of an attorney under power of attorney were scrutinized by the Court in an unusual fact situation. In this case, the attorney managed the property of his elderly aunt and uncle at their [...]