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Archive for July, 2010

Guardianship Applications – Acceptable Settlements?!

Monday, July 26th, 2010

If a person becomes mentally incapable and has never signed a Power of Attorney for Property and/or Power of Attorney for Personal Care, it may be necessary for someone to make an application to the court to be the incapable person’s guardian of property and/or guardian of the person.

Unfortunately, guardianship applications can become acrimonious where more than one family member vie to be guardian. What is the court’s reaction when the contesting parties are able to come to an agreement and appear to have settled the differences between them? (more…)

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What Happens to Daisy? – Part 2

Sunday, July 18th, 2010

Following up on last week’s blog, this week I will discuss gifting a pet to a caregiver and what to consider when making a cash gift to a caregiver.

Gifting a Pet to a Caregiver

Although most of us do not think of our pets as assets, it is important to remember that, for legal purposes, animals are considered personal property. As such, a pet cannot be a beneficiary under a Will. A pet owner can gift his or her pet to another person who then becomes the legal owner of the pet. A provision in a Will directing that a pet be euthanized will likely not be valid as such provisions are considered to be against public policy. (more…)

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What Happens to Daisy? – Part 1

Friday, July 9th, 2010

Many of us consider our pets to be beloved family members. It is important to plan appropriately for our pets in the event of our mental incapacity or death. The next couple of blogs will explore some of the issues that should be considered.

Immediate Care after Incapacity/Death

Every pet owner should ask a trusted friend or family member to be the emergency contact to feed and care for a pet in the event of the owner’s sudden incapacity or death. (more…)

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