Category Archives: Fiduciary Duty

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

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

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

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