Category Archives: Fiduciary Duty

Conflict of Interest? – part 1

The relationship between Section 3 and BMO has the appearance of a conflict of interest. Section 3 introduced BMO as part of an order to remove my mother from questionable care. At the time Mrs. Childs was telling, PSW’s and … Continue reading

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Manufacturing Incapacity

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

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A Far Greater Risk

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

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

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

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Competent Care

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

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Property Guardians Duties

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

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