1. Presentation

    2. Recording

About this course

  • $49.00
  • 1 CPD hour
  • May 9, 2024

Course description

This presentation will explore the nature of capacity and issues that arise when taking instructions from clients with diminished capacity such as:

  • The concept of legal capacity
  • The difference from medical definition of capacity
  • Specific decisional capacity to:
    • Manage property (e.g. to instruct on a trade)
    • Enter a contract
    • Make a gift
    • Enter into real estate transactions
    • Marry, separate and divorce
    • Make a will, codicil and a trust
    • Give or revoke powers of attorney for property

    A summary of the role and duties of attorneys or guardians of property will be reviewed, along with discussion of borderline cases and remedies to perceived or actual mismanagement of property by a fiduciary.

    • Instructor(s)

    Areta Lloyd

    Areta Lloyd practices estates and trusts litigation, with a particular focus on capacity litigation. She has experience with elder health law including medical assistance in dying.

    Areta is a strong, capable advocate for her clients. She is creative and unafraid to take on difficult cases. She successfully secured an unusual Mareva order freezing an absconding estate trustee’s undistributed inheritance from another estate in a different jurisdiction and had it paid into Ontario Court. She does the groundwork to ensure her clients get the orders they seek, such as a recent difficult to obtain order compelling a capacity assessment.

    She is known for her candid and tactful communication skills. Areta provides big picture analysis and strategic advice, resourceful and realistic solutions, and expert guidance throughout the litigation process.