Hello, My questions pertain to Ontario Canada Lawand to

Question

Hello,

My questions pertain to Ontario Canada Lawand to end of life and wills:

POA and knowledge
1. My father, Jay, is 88, with dementia and a recently broken hip from a fall in
his nursing home in his home town. I am the second of his five daughters from
his first marriage. His second wife ( Joan) and her daughter ( Debbie) have POA.

a) If he is dying is anyone obliged to contact any of us, his daughters so that
we can be there at that point?
b) Do we, the daughters, have any right to know how he fell and what the nature
of care us? That is, can we know independently or must we have any information
filtered through Joan and Debbie whom two of us consider untrustworthy?

2. The will

My father and Joan would have no money but rather some things of great synbolic
importance to some if us. When Jay and Joan married, Joan was very possessive
and controlling, never once in almost 40 years allowed any of us to talk to our
father or spend time with him alone. When we phoned, she would be in the
background, correcting him, adding her views, managing the conversation.

Jay is a descendant of a famous figure of the Old West, and thus we, his
daughters are too. We had considerable memorabilia from this connection. My
father gave it all to his old school some time ago.

I was co-executor with a member of Joan's family. I was removed from that
position without being told--so no one from our family had a role in this. More
recently my older sister thought that she was made co-executor, but that wasn't
the case. The things symbolic to our family are mainly paintings and these have
been assigned to favour Joan's family ( she has 5 children, the youngest of whom
is my father's child, though that has never been acknowledged openly) and one of
my sisters. The youngest sister has gotten nothing.

Finally, we have an older 1/2 sister, Robin, my father's child out of wedlock.
She has gotten nothing either.

Can you tell me if Ontario Law simply and categorically honours these decisions?
Do any of us have any recourse?

Thank you,

SC

Debra · Accepted Answer

Debra Thal (username) :

Was your father mentally competent when he wrote his Will?

Debra Thal (username) :

Are you saying he was unduly pressured when he wrote the Will?

Debra Thal (username) :

He is not competent now is he?

Customer:

Hello Debra,

Customer:

Good question re competence: I think the courts would consider that he was, as
his dementia was diagnosed some years later. I would say that his mental state
was not properly assessed for some time before that but it's hard to imagine
that I could bring that out of the realm of opinion (mine).

Debra Thal (username) :

The site says you are still typing. Are you? I don't want to cut you off.

Customer:

2nd question: Again, it is not the typical thing at all. If he relinquished any
independent decision-making 40 years ago, was he unduly pressured? I would guess
not: He just handed over every decision, every evaluation and conclusion to her;
then that would be his right, I assume. What I do think--in fact, know--is this:
He suffered from depression all his life, had several serious breakdowns and
hospitalizations; at one point --almost 70 years ago--he tried to commit
suicide. His depression was untreatable. I do think Joan made use of this by
going into hysterics if he showed consideration to his own children. ( This is a
condensed depiction). At the same time, he had joy and soem feling of peace of
mind wirth her.

Customer:

3rd question: He is very gravely demented. Since he broke his hip ( the fall)
his dementia has taken a more pitiable turn . Pain-killing drugs are likely a
factor.

Customer:

I'm not sure which word to click--- reply, accept, save and exit?

Debra Thal (username) :

Just as an aside and I am a lawyer and not a doctor, my father broke his hip and
had dementia and we thought he would never recover intellectually and he did.

Debra Thal (username) :

Don't click anything yet!

Customer:

OK--

Debra Thal (username) :

I am here so we can chat first.

Customer:

But did your father's dementia pre-date the hip injury?

Debra Thal (username) :

Yes.

Debra Thal (username) :

He got much worse after he broke his hip for a while but then went back to the
same way he was before he broke his hip.

Customer:

OK-- And after the injury he recovered his faculties?

Debra Thal (username) :

It took a while and we didn't think it would happen.

Debra Thal (username) :

No, but he was the same as before he broke his hip.

Debra Thal (username) :

At first he was much, much worse but as he got stronger he went back to the
state he was in just before the fall.

Debra Thal (username) :

It can be the medication for sure. We think it was.

Debra Thal (username) :

Turning to the lega issues,

Debra Thal (username) :

If your father was mentally competent when he wrote his Will you would have to
prove that he was subjected to undue influenc.

Customer:

OK. I do have the feelign that my father will die soon. He is very frail,
doesn't eat, remains at risk for falling, and is very agitated. He is taken in
his bed to the nursing station each night as they don't think it's safe to lave
him alone. His pain centres have gone haywire so he has a violent, unbusbisding
reaction to any pain-- and then is utterly exhausted.

Debra Thal (username) :

influence.

Debra Thal (username) :

I am sorry.

Customer:

OK-- I f that means that he was coerced--I don't think the courts would agree. I
do think his wife benefited in this way fromhis depression--- but I imagine
someone might argue that he complied without reistance

Debra Thal (username) :

But one more thing, my girlfriend's father had that same reaction after surgery
and while it took him two months he came out of that as well. At first he was
very agitated and hallucinating and trying to get out of the bed and the
hospital and slowly he also reverted back his normal state and he had not had
dementia at all. So there is still hope.

Debra Thal (username) :

Back to the legal issue.

Debra Thal (username) :

It is very hard to prove undue influence and he has been with the woman a long
time.

Customer:

I don't want him to die in pain and terror. And I have given up anything on the
will that was assigned to me in any case

Customer:

Yes-- I see your point.

Debra Thal (username) :

In terms of the POA you could apply to the Court to be his guardian but you
won't likely succeed.

Customer:

And I don't think I have energy for a battle of that nature

Customer:

OK--

Debra Thal (username) :

The Court will say he chose his wife to be appointed.

Debra Thal (username) :

But if the won't give you any information you could get a Court Order for that
but it will take time and be expensive.

Customer:

But even if we have no access to information except the occluded or highly
managed news from Jaon and Debbie?

Customer:

Yes.

Debra Thal (username) :

You could have a lawyer write this woman a letter and scare her into involving
you by threatening a lawsuit.

Customer:

Might it work?

Debra Thal (username) :

I don't know her but if often does.

Debra Thal (username) :

What province are you in ?

Debra Thal (username) :

Ontario. osorry.

Debra Thal (username) :

Sorry.

Customer:

OK. Would I have to tell the whole story in detail?

Customer:

Yes Ontario

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will
be given the name of a lawyer and can consult with the lawyer and the first half
hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Customer:

Thank you so much. I'm immensely grateful for your expertise and kind help.

Debra Thal (username) :

You can see the lawyer and tell a fast version, and ask how much it will cost
for one letter.

Debra Thal (username) :

You are very welcome!

Customer:

OK-- does this exchange remain accessible to me?

Debra Thal (username) :

Yes it will.

Debra Thal (username) :

I can also ask the admin to send you a copy of the chat log if you like.

Debra Thal (username) :

When you accept it ends the chat but the post remains open so you can always
read what it says or ask a follow up question as well.

Customer:

Thank you again. I may well follow up with questions.. In the meantime I would
like a chat log. I'm very grateful to you, Debra.

Debra · Answer

I sent in the request.

You should get it soon.

Hello, My questions pertain to Ontario Canada Lawand to

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