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Author Archives: dignifiedcare
Appeal Decisions (2017 ONCA 0516) part 2
The Appeal Decision can be found here, and a summary of the decision found here. The June Decision which this section references can be found here The issue of whether the June 25, 2015 decision was to have Caroline, who … Continue reading
Posted in Care, Judges, Law Reform, Legal issues, Section 3
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BMO
Thanks to CBC’s GoPublic we have heard stories of banks forging documents, selling customers services they don’t need, and the pressure on bank employees to meet sales targets. Now imagine you are incapable and the only thing standing between you … Continue reading
Posted in BMO, Dirty tricks
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Appeal Decisions (2017 ONCA 0516) part 1
The Appeal Decision can be found here, and a summary of the decision found here Section 3, Capacity and Acting under Instruction The panel had been asked to rule on when incapacity is official declared (on an assessment, on a … Continue reading
Posted in Decisions, Legal issues, Section 3
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December Decision (2015 ONSC 6616)
In his December Decision the Judge stated: I reject the suggestion by Caroline and Peter that they misunderstood my order or their actions since that order were solely intended to comply with that order. He refers repeatedly to paragraph 46 … Continue reading
Posted in Judges, Law Reform, Legal issues
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June Decision (2015 ONSC 4036) by Paragraph
Below is a summary of each paragraph of the June Decision as well as some commentary on the paragraph, where appropriate. Paragraph 5 indicates that Mrs. Childs is incapable for both property and personal care. Paragraph 6 says Mrs. Childs … Continue reading
Posted in Decisions
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Public Guardian
I first contacted the Public Guardian and Trustee (PGT) in the summer of 2014 to report that my mother had been removed from her home against her wish. They said that she was not on file and did nothing. In … Continue reading
Posted in Law Reform, Public Guardian, Section 3
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Calculating fees
The Substitute Decision Act sets out what you can charge an incapable person to manage their assets: 3% on capital and revenue received 3% on capital and revenue disbursed 3/5 of 1% care and management fee (annual value of assets) … Continue reading
Posted in BMO, Public Guardian, Section 3
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Law
This section will deal with the relevant law, critiques of the decisions, discussions the issues and how the effect society and incapable people.
Posted in Uncategorized
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No oversight = no protection
Lawyer client privilege isolates incapable clients Continue reading
Representation?
A Section 3 counsel can be appointed whenever a person who is potentially incapable faces a hearing over any guardianship matter. Their sole guidance in the substitute Decision Act is the incapable person is “deemed competence to retain and instruct … Continue reading
Posted in Elder Abuse, Law Reform, Legal issues, Public Guardian, Section 3
Tagged Childs vs Childs, Section 3
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