Estate Planning

The Case for a Guardian

By Hull & Hull LLP

With the remarkably cold January (and now February) we have experienced, it is sadly inevitable that there may be seniors who fall victim to the elements.  However, a recent web posting regarding a 93 year-old WWII vet who died of hypothermia in his own home after the power was cut off is simply tragic.  The tragedy was compounded by the fact that there was no reason for him to be in arrears on his utility payments: he left an estate of over $500,000. 

Clearly this story raises at least two issues: (i) whether the cutting off of power in the deep of winter can ever be an appropriate remedy for non-payment of bills and (ii) whether this gentleman was in need of assistance from a substitute decision- maker.

Stories such as these should be rare and, thankfully (hopefully?), are.  However, there are many vulnerable seniors who are at risk in the winter months.  For those who are in need, incapable to manage their property or care for their person, and who do not have a Continuing Power of Attorney for Personal Care (and Property), there is doubtless a positive moral obligation for concerned family members to seek guardianship.  Such a step is likely to be perceived as threatening by such a person in need of assistance.  However, in circumstances where lives may be at risk, there may simply be no other option.

David M. Smith

Full post as published by Toronto Estate Law Blog on February 25, 2009 (boomark / email).