Balancing Seniors' Rights :
Preventing Abuse by an Attorney Acting Under a
Power of Attorney Document
|
|
Wednesday, May 13
th
, 2020
1:00 pm - 2:30 pm
|
|
Provided with an American Sign Language (ASL) Interpreter.
|
|
Elder Abuse Prevention Ontario (EAPO)
is joined by
Whaley Estate Litigation Partners (WELPartners)
in this next, in a series of webinars by EAPO, to deliver an in-depth presentation on the legal duties and responsibilities of an attorney acting under a power of attorney document (POA) and how to guard against the exploitation of older adults.
In the climate of this current COVID-19 pandemic, older adults are increasingly reliant on their designated attorneys, to manage their financial transactions. Older adults are experiencing undue pressures coming from family members and/or friends who are seeking financial assistance at this time of economic uncertainty. In many cases, the attorneys are abusing their powers and authority and not necessarily acting in the best interests of the older adult. These are challenging situations and with the growing number of financial disputes involving powers of attorney and older adults, the circumstances are increasing in complexity.
A POA is a powerful document and will determine how an older adult is cared for, or how their finances are managed when they are no longer able to do so for themselves. Deciding whom to choose as a designated attorney for property and/or personal care can often be a difficult and often conflicting to make. But those designations are one of the most important planning decisions for one’s future, and choosing one requires careful thought and preparation before ultimately assigning that authority. Unfortunately, not everyone has this document in place.
Older adults have the right to live free of risk and to make their own financial decisions, but when that capacity changes, due to dementia or other cognitive impairments, the vulnerability and potential for abuse increases considerably.
|
|
Kimberly A. Whaley, CS, TEP, LLM
Daniel M. Paperny, BA (Hons), JD
Our guest speakers will address the following issues:
- Understanding Elder Abuse and Exploitation;
- New Financial Scams During This Pandemic;
- The Remedies Available To Combat Abuse;
- The Legal Capacity Required To Execute POAs & Wills;
- Factors To Consider When Appointing An Attorney;
- Legal Duties Of An Attorney & The Issues/Risks That May Arise;
- Executing Valid POAs and Wills During This Pandemic & Acceptance Of Such Documents By Financial Institutions;
- Guardianships & Incapacity;
- Living At Risk Interventions;
- Where & How To Access Legal Supports/Services During This Pandemic.
Please take a moment to register today and learn more about these important issues!
|
|
Kimberly A. Whaley , CS, TEP, LLM
Kimberly is the Founding Partner
, WHALEY ESTATE LITIGATION PARTNERS
(litigation firm in Toronto, practicing throughout Ontario and repeatedly ranked by Canadian Lawyer as one of Canada’s Top 5 & 10 Boutique Trusts & Estates Firms), practicing in the areas of Estate, Trust, Fiduciary Litigation including Power of Attorney Disputes, Fiduciary Accounting Applications, Guardianship, Applications for Dependants’ Support, and Elder Law.
Kimberly is designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Ontario; and is repeatedly recognized as a leading practitioner by Chambers, Lexpert, Lawday, Best Lawyers, Martindale-Hubbell and Canadian Lawyer.
|
|
Daniel M. Paperny, BA (Hons), JD
Daniel joined WEL Partners as an Associate lawyer in September of 2018. Prior to joining WEL Partners, Daniel practised estate litigation at a large law firm in downtown Vancouver, BC where his practice focused on estate litigation, commercial litigation and insurance litigation. Daniel has appeared at the BC Supreme Court, the BC Court of Appeal and the BC Provincial Court.
Daniel received his Bachelor of Arts from the University of Toronto with an Honours and
Specialization degree in History and Political Science. He obtained his Juris Doctor from the University of British Columbia in Vancouver in 2014. Daniel was called to the British Columbia Bar in September of 2015 and called to the Ontario Bar in September of 2018.
|
|
After registering, you will receive a confirmation email containing information about joining the webinar.
|
|
ASL interpreting provided by
|
|
|
|
Elder Abuse Prevention Ontario
|
|
|
|
|
|
|
|
