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Category Archives: Fiduciary Duty
Professional Guardians – Pt. 1
Guardianship is the legal responsiblity for some aspect of a person’s life which they are unable to manage on their own. It is a fiduciary relationship which requires the guardian to act honestly, in good faith, and strictly in the … Continue reading
Posted in BMO, Fiduciary Duty, Legal issues, Section 3
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Premier Wynne – PGT needs oversight to end Elder Abuse
On November 7, 2017 Premier Wynne promised $6 million to establish a consumer protection program to safeguard seniors from financial abuse and to help prevent physical abuse. If Premier wants to combat financial & physical abuse she should increase oversight and … Continue reading
Posted in Attorney General, BMO, Capacity, Elder Abuse, Fiduciary Duty, Public Guardian, Section 3
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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
Posted in Fiduciary Duty, Law Reform, Legal issues, Section 3
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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
Posted in Care, Dirty tricks, Fiduciary Duty, Section 3
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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
Posted in Fiduciary Duty, Legal issues, Power of Attorney
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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
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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
Posted in Fiduciary Duty, Legal issues, Power of Attorney, Section 3
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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
Posted in Fiduciary Duty, Judges, Law Reform, Power of Attorney, Uncategorized
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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
Posted in BMO, Fiduciary Duty, Section 3
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The struggle to live at home
All Mrs. Childs children were appointed as attorneys under her Power of Attorney. As such they are fiduciaries and have to act according to her instructions and wishes not their own self-interest, This is formalised in the Substitute Decision Act. … Continue reading
Posted in Care, Fiduciary Duty, Legal issues, Power of Attorney
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