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Category Archives: Public Guardian
Alleged Charter 15 violation
Dear Premiere, Attorney General and Ontario Public Guardian; This is to inform you that in addition to filing a Motion to admit New Information relating to an incapable persons financial statements, finally disclosed October 6, 2107, I will be seeking … Continue reading
Posted in Attorney General, BMO, Legal issues, Public Guardian
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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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Technically not incapable – but no need to seek instruction
At [5] of the June Decision (2015 ONSC 4036) Justice Tranmer rules “There is no issue as to whether Mrs. Childs suffers from an incapacity as to her property and personal care. The materials establish this to be, unfortunately, the … Continue reading
Posted in Judges, Law Reform, Legal issues, Public Guardian, Section 3
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Appeal Decision (2107 ONCA 0516) Analysis
The Commission of Ontario – after extensive study regarding the courts application of law and rights where competence is at issue, recommend a special court be set up with expertise competence and a detailed understanding of the relevant laws. The … Continue reading
Posted in BMO, Decisions, Legal issues, Public Guardian, Section 3
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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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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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Section 3
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
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Law Commission of Ontario
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
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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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