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9/2/2014
Verifiedhank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
There is no basis to contest her Will.
She was not incompetent when she made her Will nor was she unduly influenced.
You cannot make a claim to the estate for flights you choose to take to visit her. If you paid for a flight for her to take for some reason and she never paid you back then you could make such a claim.
Unless she or some relative promised you compensation for placing her in the nursing home etc then you cannot make that claim to her estate later.
You were not hired to spend this time. It was voluntary so it was your choice and you cannot seek payment for it successfully after your aunt dies.
I am sorry this is not the answer you were hoping for.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
There is no basis to contest her Will.
She was not incompetent when she made her Will nor was she unduly influenced.
You cannot make a claim to the estate for flights you choose to take to visit her. If you paid for a flight for her to take for some reason and she never paid you back then you could make such a claim.
Unless she or some relative promised you compensation for placing her in the nursing home etc then you cannot make that claim to her estate later.
You were not hired to spend this time. It was voluntary so it was your choice and you cannot seek payment for it successfully after your aunt dies.
I am sorry this is not the answer you were hoping for.
Yes the law is the same throughout Canada in this area.
You cannot make decision for her care unless she appointed you under a Power of Attorney before she became incompetent or unless you apply to the Court for an order declaring her to be incompetent and appointing you as her legal guardian.
You cannot make decision for her care unless she appointed you under a Power of Attorney before she became incompetent or unless you apply to the Court for an order declaring her to be incompetent and appointing you as her legal guardian.
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