Author Archives: dignifiedcare

Rules of Professional Conduct

Posted on June 20, 2017 by dignifiedcare

Section 3 of the SDA describes counsel for the incapable person in 168 words, 55 of them cover deemed competence to retain and instruct counsel. The remaining 113 words deal with payment. There are no guidelines for Section 3’s duties. … Continue reading →

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Manufacturing Incapacity

Posted on June 20, 2017 by dignifiedcare

I cared for my Mother for 3 months ending on Feb 24, 2014. During those 3 months, my mother had dementia but that did not stop her from walking up and down stairs, washing and dressing herself and generally enjoying … Continue reading →

Posted in Care, Dirty tricks, Fiduciary Duty, Section 3 | Leave a comment

Section 3

Posted on June 20, 2017 by dignifiedcare

A Recipe for Abuse If you’re incapable in Ontario you’re at risk. Ontario’s ill-defined and enforced Substitute Decision Act almost ensures if there is a dispute. The worst part is Section 3 which appoints a lawyer to for you when … Continue reading →

Posted in Public Guardian, Section 3 | 1 Comment

Law Commission of Ontario

Posted on June 20, 2017 by dignifiedcare

Below is my submission made to the Law Commission of Ontario study on guardianship I am one of the Childs in Childs vs Childs, a case under the Substitute Decision Act that is winding its way through the courts and … Continue reading →

Posted in BMO, Law Reform, Legal issues, Public Guardian, Section 3 | Leave a comment

Compensation for Care

Posted on June 20, 2017 by dignifiedcare

The central issue in the hearings has been what to pay for 24/7 live-in care, if it was provided by a guardian. By the time of the hearing Caroline had provided for about 30 months of live-in care. At the … Continue reading →

Posted in BMO, Dirty tricks, Section 3 | 1 Comment

A Far Greater Risk

Posted on June 20, 2017 by dignifiedcare

One makes a Power of Attorney to insure your wishes and instructions are followed if you can no longer act for yourselve. In my mothers case that was the rather odd decision to appoint all her 4 children as attorneys … Continue reading →

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Questionable Care

Posted on June 20, 2017 by dignifiedcare

About April 28, 2014 Mrs. C’s dream of living out her life at her home ended as one son removed her to his house and the other defended this action. He stated it was her desire but refused to allow … Continue reading →

Posted in Care, Elder Abuse, Fiduciary Duty, Public Guardian, Section 3 | 1 Comment

Removing Property

Posted on June 20, 2017 by dignifiedcare

Fiduciaries are supposed to act in the other persons interests.  The Substitute Decision Act says the guardian (and attorneys) are “a fiduciary whose powers and duties shall be exercised and performed diligently, with honesty and integrity and in good faith, … Continue reading →

Posted in Fiduciary Duty, Legal issues, Power of Attorney, Section 3 | 1 Comment

Competent Care

Posted on June 20, 2017 by dignifiedcare

Dementia is a difficult disease – especially in the early years. First, it is imperceptible but gradually you are aware that your memory which underpins your reason and judgment, are going. And underneath it all is the recognition of loss … Continue reading →

Posted in Fiduciary Duty, Judges, Law Reform, Power of Attorney, Uncategorized | Leave a comment

Property Guardians Duties

Posted on June 20, 2017 by dignifiedcare

The appointment of BMO as guardian does not meet the spirit of SDA 32(3) which requires: (3) A guardian shall encourage the incapable person to participate, to the best of his or her abilities, in the guardian’s decisions about the … Continue reading →

Posted in BMO, Fiduciary Duty, Section 3 | Leave a comment