This series of posts will cover issues that people face when considering powers of attorney. A power of attorney is the
document by which a person (the grantor) appoints someone else (the attorney) to act on their behalf. The series
raises questions and makes suggestions that people should discuss within their families and with their lawyers.

1. Naming the Attorney

The attorney should act with the grantor's best interests in mind. However, many things can go wrong with a power of attorney. For this reason, it is important for the grantor to carefully consider who the grantor names as the attorney.

The best recommendation is to name somebody that deserves your trust. This might be a loved one, a close friend, or a professional that you know. Here are some other tips to reduce risk when naming an attorney:

Read more: Powers of Attorney Series: Naming the Attorney →

Harold Geller was recently quotated in several publications:

March 1, 2015 - Investment Executive

Jan/Feb 2015 - Forum

November 26, 2014 - Wealth Professional

May 24, 2014 - Financial Post

 

Does your Power of Attorney for Personal Care account for the changing legal landscape around doctor-assisted suicide? In light of Friday's Supreme Court decision in Carter v Canada (Attorney General), additional attention now needs to be paid to the choosing and drafting of Powers of Attorney.

Read more: Carter v Canada (AG): Is your Power of Attorney sufficient? →

A person without mental capacity cannot make a valid Will. This concept, though it may seem obvious, can easily become complicated. This has often led to litigation.

To demonstrate capacity, people who make Wills (called the "testators") must appreciate:

  • the nature and extent of their property;
  • their moral obligations to their dependants and unique family circumstances; and
  • their reasons for excluding any of those who could claim dependant's relief.

Essentially people who make Wills must understand what they own and what consequences their Will may have.

Read more: Wills: Don't wait until it's too late →

January 22, 2015

John Hollander was invited by the Canadian Bar Association to present a webinar on the subjects of Case Analysis and Storytelling. The webinar took place on January 22, 2015 with approximate 250 lawyers in electronic attendance from across the country. His presentation was based upon his handbook for young lawyers, Case Analysis: the critical path to persuasion, published by Irwin Law.

In January, John Hollander completed his sixth semester teaching Trial Advocacy to the Common Law Section of the University of Ottawa.


John Hollander a été invité par l'Association du Barreau canadien à présenter un webinaire sur les sujets de l'Analyse de Cas et de Narration. Le webinaire a eu lieu le 22 janvier 2015 et approximativement 250 avocats de partout au pays y étaient présents, par voie électronique. Sa présentation était basée sur son livre pour les jeunes avocats, Analyse de cas: le chemin critique à la persuasion, publié par Irwin Law.

En janvier, John Hollander a aussi complété son sixième semestre d'enseignement en plaidoirie
dans le programme de Common Law de l'Université d'Ottawa.

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