Holdings Information

Bibliographic Record Display

• Title:Power of attorney litigation / Ian M. Hull, Suzana Popovic-Montag.
  
•    
• Author/Creator:Hull, Ian M., author.
  
• Other Contributors/Collections:Popovic-Montag, Suzana, author.
  
• Published/Created:Toronto, Ontario : LexisNexis, 2022.
  ©2022
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KE1330 .H84 2022
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Power of attorney--Canada.
  Capacity and disability--Canada.
  
• Medical Subjects: Proxy.
  
• Edition:Second edition.
  
• Description:xv, 93, 3, 4 pages ; 23 cm
  
• Summary:"This book is a practical guide on Power of Attorney Litigation as it includes helpful checklists and precedents. It addresses the need for the court and society to directly address the needs of persons with mental infirmity. When dealing with the issue of mental capacity, there is a strong need to consider both ethical and legal principles. This book considers the statutory framework and reviews the issue of capacity assessments and the expectations of the capacity assessor. It also address the practical and procedural considerations with respect to capacity litigation and discusses specific issues such as preparing for trial, the production of medical records, and the remedies and forms of relief against an attorney. This book also addresses the ongoing and comprehensive duty of an attorney to be accountable and the potential complaints and claims against an attorney or an audit of accounts in the context of capacity litigation issues. Finally, the book will comment on and analyse the issue of costs and the way the courts are dealing with this."-- Provided by publisher.
  
• Notes:Includes table of cases.
  Includes bibliographical references and index.
  
• ISBN:9780433502913 paperback
  0433502916 paperback
  
• Contents: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.