Estate Litigation

When a person becomes incapable and has not left a continuing power of attorney appointing a substitute decision maker, a family member or close friend may apply to court to become a guardian. There are two types of guardians: guardians for personal care and guardians of property. If the court approves the application, the guardian can step in to make decisions on behalf of a person who has become incapable. Depending on whether the applicant seeks to become a guardian of property or personal care or both, the applicant must file a management plan or guardianship plan. Sometimes, the family and friends of the incapable person agree on who should act and the application proceeds on consent. At other times, there is more than one applicant and the court must decide between competing applications for guardianship. de VRIES LITIGATION has significant experience with guardianship applications. We provide solid advice about applications for guardianship and winning advocacy in contested litigation over guardianship.

Related papers/blog

Can an Attorney for Personal Care be Compensated?

When the issue of compensation is not specifically addressed in the Power of Attorney for Personal Care, a guardian for personal care may be wondering whether they are entitled to compensation. Legislation, however, does not provide a clear answer. While under the Substitute Decisions Act an attorney for property is expressly allowed to take compensation, […]

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Who makes decisions for me if I become incapable and have not made plans?

Before COVID-19, many of us had earmarked 2020 as the year we would get our affairs in order, including preparing powers of attorney for personal care and property. Unfortunately we may have not gotten around to it.  The pandemic has accelerated discussions about intubation, CPR and end of life care.  Additionally, many people, especially those […]

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Nova Scotia repeals “habitual drunkard” law

Until earlier this month, Nova Scotia had a statute on the books called the Inebriates’ Guardianship Act, R.S.N.S. 1989, c. 227 which allowed for the court to appoint a guardian over a “habitual drunkard”. While Nova Scotia has other statutes which allow the Court to appoint a guardian for a person found to be incapable, […]

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