Tag: family issues
On November 19 and 20, 2018, the Family Dispute Resolution Institute of Ontario (“FDRIO”) will be holding its 2018 Family Dispute Resolution conference. As you can guess from its name, the conference will be addressing topical issues in family law and family dispute resolution. From workshops on financial topics common in family law, effective arbitration, and the use of interdisciplinary teams to resolve issues with high conflict clients, the conference offers a variety of practical seminars.
The FDR conference brings together a wide variety of professionals engaged in family dispute resolution from lawyers, therapists, family coaches and parenting coordinators, and business valuators. As described on their website, FDRIO serves as an organization to bring together multidisciplinary professionals who facilitate family dispute resolution.
Of course, why discuss such a conference in a blog relating to estate and trusts law? Unfortunately, family drama, difficulties, and legal issues don’t end upon the incapacity or death of a loved one (indeed, they can often get worse). We regularly see claims brought regarding or against Estates that bring up a myriad of family law issues. From preparing financial statements as part of dependant support claims and handling claims for equalization of Net Family Property to engaging with high conflict clients who are mired in the turmoil of family difficulties, it’s important to understand the family law issues that may affect claims relating to estates. Even better, however, is learning the tools and tips of family dispute resolution professionals who have accumulated a wealth of knowledge as to how to navigate the difficult family relationships that affect their clients. While we may be focused on the legal issues involved in any particular matter, we often see clients who are instead focused on the issues that we can’t assist with such as siblings rivalries and tension resulting from the breakdown of a marriage. It’s always helpful to learn from those in the trenches of family law how to better handle such situations and best assist our clients.
Hull & Hull LLP is proud to be a silver sponsor of the 2018 conference and is looking forward to learning all the latest on Family Dispute Resolution on November 19 and 20, 2018.
Thanks for reading!
While employed in management in the assisted living field, I was tasked with the facilitation and implementation of the personal care decisions of my residents. Where the resident was capable, they of course directed their own personal care, including scoping out their vision for advance directives, should the future need arise for these to be considered. Some residents, however, were no longer capable of making their own personal care decisions and the legal responsibility for doing so was passed to another party by a previously conceived Power of Attorney for Personal Care (POAPC).
While simple in concept, complications emerged when more than one person had been appointed under the POAPC. As an example, one resident had appointed all five of her children to make personal care decisions in the event of her incapacity. Well-intentioned, no doubt, as I imagined that she had done so in order to ‘keep the peace’ amongst the five adult siblings. In practical terms, however, the children spanned three countries and nine timezones and an equal breadth of opinion regarding how their mother’s care plan was to evolve, especially as her health declined. Attempting to reach consensus about any facets of her personal care was onerous and time-intense, and understandably emotional for the family. Factors such as the sibling’s interpersonal relationships (including where they felt they fell within the family pecking order), their own beliefs and values regarding end-of-life medical intervention, as well as the ‘baggage’ they each carried regarding their relationship with their mother, impacted, if not directed, their decision-making.
If one feels it both necessary and appropriate to appoint multiple Attorneys under a POAPC, prudence dictates that a prior detailed discussion, including written documentation, be undertaken to ensure that one’s wishes have been effectively communicated and understood.
Jennifer Hartman, Guest Blogger