Michael A. Chambers’s Posts
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It’s something that is thought to be the case by I would suggest almost all parents, a lot of lawyers, and certainly some judges. If a child says to a custodial or shared custodial parent, “I don’t want to go to dad’s (or mom’s) house”, whichever is the case, then as long as the custodial parent has asked them the custodial parent has done their duty – it’s the child’s decision. Well, no it isn’t.
In a decision of the …
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I previously described what an individual may charge for work performed as an Attorney of another under a Continuing Power of Attorney for Property. I will here describe what an individual may charge for services provided to or for an incapable person under a Power of Attorney for Personal Care. It is not at all as straight forward as the case under a Continuing Power of Attorney for Property.
An individual acting under a Power of Attorney for Personal Care …
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Persons who are acting under a Power of Attorney for another, whether it be a Continuing Power of Attorney for Property and/or a Power of Attorney for Personal Care, often are uncertain what, if any, compensation they are entitled to for the work they do acting under the Power of Attorney. As it turns out, both an Attorney for Property, and an Attorney for Personal Care are entitled to (but of course in their discretion are not required to) charge …
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What most lawyers know, or should know, and very few parents do know, is that with respect to claiming retroactive child support in almost all cases the parent seeking support must commence the claim before the child ceases to be eligible for child support which means, again in most cases, before the child is over 18 and finished with his or her education. The Supreme Court of Canada in a 2006 decision, known as the D.B.S. decision, stated quite …
With people marrying later in life than in years gone by, and second and third marriages becoming more and more common, it is now often the case that both spouses marry with each owning a home going into the marriage. Which home the newly married couple chooses to reside in as their matrimonial home can have a dramatic impact upon the financial position of each of them on exiting the marriage should the marriage unfortunately fail and lead to separation …
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With an aging population increasing in numbers every day, more and more people are assuming the care and control of financial and health care decisions for others through the exercise of powers of attorney.
There are two very distinct types of power of attorney. A power of attorney that permits the named attorney to manage the financial affairs of an incapacitated person is called a Continuing Power of Attorney. A power of attorney over health care decisions that are to …
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Part 2 of my “Avoiding Surprises” series deals with an aspect of family law which is often a source of confusion and surprise for common law spouses: the mistaken belief that common law spouses, once they reach the “common law” threshold of time that they have lived together acquire all the same property rights as married spouses in the event of separation. Not true.
There is reason for confusion here because the laws on this point vary from province to …
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It has come to my attention over my many years sitting as a member of various Boards of Directors that many governance consultants fail to understand and appreciate the difference between for-profit corporations and non-profit corporations when it comes to corporate governance. They are not two peas in a pod.
It goes without question that the fundamental principles of good governance such as accountability and transparency apply to both the profit and non-profit sector. It’s how those principles are applied …
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Although family law, which is the law that governs the regulation of property, support and custody and access rights between married and non-married couples and parents of not yet independent children, is generally well known to most lawyers, it has been my experience that it holds surprises for just about everybody else. With this series of blog posts, I would like to share with you some of the most common aspects of family law that come as a surprise to …
