What is the difference between managing your business affairs and attending to your daily care needs?
British Columbia, Canada
The following excerpt is from Fraser v. Fraser, 2008 BCSC 1733 (CanLII):
There is a qualitative difference between managing one’s business affairs and attending to one’s daily care needs and choosing who among family members one wishes to have in charge of those matters. Similar to testamentary capacity, I find the patient’s awareness and understanding does not have to be at a very high level to designate a family member to be in charge of their affairs. The patient need only know what his wishes are in that regard. See, McLean v. Gonzalez-Calvo, 2007 BCSC 646 at paras. 53-55.
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