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A Thought about POAs When Starting or Returning to University

A Thought about POAs When Starting or Returning to University

Summary: You are away at university or college, who can make health care decisions for you if you are incapable?

When it is back to school time the last thing on your mind is what will happen to your child in an emergency and who can make health care decisions if he or she is unable to. If your child does not have a power of attorney for personal care, the Health Care Consent Act, 1996 (HCCA) prevails. The hierarchy of substitute decision makers is as follows (section 20(1)): Continue reading “A Thought about POAs When Starting or Returning to University”

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Digital Asset Estate Planning Issues

Digital Asset Estate Planning Issues

Much has been written recently about digital assets and the need to specifically plan for them after you pass away. Many testators simply leave lists of online accounts and passwords for the estate trustee in a memorandum. Specific websites will have different ways of handling estate matters. For example, Gmail may give an estate trustee full access to a deceased’s accounts if they are satisfied that the estate trustee has met their requirements. Twitter will shut down an account if they are advised of a death. Facebook will allow an estate trustee to convert the deceased’s profile page into a memorial page but limit access to the content. Some estate planning works for emails and some file sharing sites, but not for all sites since there is an absence of legislative clarity. Continue reading “Digital Asset Estate Planning Issues”

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The One in a Million Case and the 30 Day Survivorship Requirement

The One in a Million Case and the 30 Day Survivorship Requirement

Summary: In Barbeau Estate (2012 ONSC 3249) conflicting survivorship requirements in a Will are examined and the court determines the proper method of counting days when calculating the survivorship period

Barbeau Estate emphasizes the need to carefully draft survivorship clauses in a Will for greater clarity. In this case, Mr. Barbeau passed away September 17, 2011 at 5:40 a.m. leaving the residue of his estate to his common-law spouse, Germain Raymond. Ms. Raymond passed away on October 17, 2011 at 4:45 p.m.. The timing of their deaths gave rise to the need to interpret the survivorship clause carefully. Mr. Barbeau’s Will contained the following two conflicting clauses: Continue reading “The One in a Million Case and the 30 Day Survivorship Requirement”