Lexis Nexis Power of Attorney Litigation, 2nd Edition
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Product description
With a growing number of Canadians facing loss of capacity, the need to protect those who are no longer capable of managing their own affairs has never been greater. In this second edition of Power of Attorney Litigation, leading estate litigators Ian M. Hull and Suzana Popovic-Montag provide a comprehensive yet concise overview of power of attorney law and the litigation process, enhanced by discussion of the leading caselaw.
Features of This Book
By comparing the applicable legislation in multiple provinces and providing direct and insightful explanations of legal concepts like capacity, the duties of attorneys and gifting, authors Hull and Popovic-Montag not only make this complex area of law accessible, but also engaging. Power of Attorney Litigation, 2nd Edition additionally explores procedural matters inherent in power of attorney litigation, including procedure, costs, remedies, and strategy.
Who Should Read This Book
This text is sure to be a handy resource for any Canadian practitioner who wants to learn more about power of attorney litigation, or who is looking for tips to enhance his or her litigation practice. Hull and Popovic-Montag share pragmatic advice and their best practices, backed by over 50 combined years of litigation experience, while elucidating the challenges and complications inherent to power of attorney litigation.
Table of contents
Introduction
Chapter 1: Capacity
§ 1.01 Statutes
§ 1.02 Capacity Assessments
§ 1.03 Function Specific Capacity
§ 1.04 Safeguards
Chapter 2: Duties
§ 2.01 Fiduciary Duty
§ 2.02 Best Interests
§ 2.03 Adhering to the Document
§ 2.04 Breaches
Chapter 3: Framework
§ 3.01 Ontario Legislation
§ 3.02 Alberta Legislation
§ 3.03 British Columbia Legislation
§ 3.04 Nova Scotia Legislation
§ 3.05 Formal Requirements of Execution
§ 3.06 Remote Execution
§ 3.07 Additional Requirements for Attorneys
Chapter 4: Gifting
§ 4.01 Fiduciary Duty
§ 4.02 Permitted Gifts
§ 4.03 The Evidentiary Onus
§ 4.04 Presumption of Resulting Trust
§ 4.05 Undue Influence
Chapter 5: Costs
§ 5.01 Compensation
§ 5.02 Indemnification
§ 5.03 Costs
Chapter 6: Procedure
§ 6.01 The Deemed Undertaking Rule
§ 6.02 Residence Requirements
§ 6.03 Statutory Wills
§ 6.04 Disposal of Property
§ 6.05 Termination of Attorney
§ 6.06 Appealing from a Termination of Attorney
§ 6.07 Court Appointments
§ 6.08 Practice Advisement
Chapter 7: Remedies
§ 7.01 Accounting
§ 7.02 Unjust Enrichment
§ 7.03 Constructive Trust
§ 7.04 Rescission
§ 7.05 Disgorgement
§ 7.06 Tracing
§ 7.07 Interlocutory Injunctions
§ 7.08 Third Parties
Chapter 8: Strategy
§ 8.01 Preliminary Measures
§ 8.02 Medical Records
§ 8.03 Confidentiality
§ 8.04 Court Orders
§ 8.05 Solicitor’s Records
§ 8.06 Evidence
Conclusion
Table of Cases
Index
