Avoiding Power of Attorney Disputes

July 1, 2015, Timothy Matthews Podcast Transcript

Tim shares his wisdom and insights on some of the complicated situations that families can find themselves in because of financial disputes. During our conversation he addresses the following questions.

What factor is one of the major causes of disputes over a power of attorney?
What does “accountability” mean in this context?
Can you describe some examples of family disputes in this area?
What steps might an attorney take to be proactive in preventing disputes?
What does “passing accounts” mean?
Who pays the costs of “passing accounts”?
How does accountability fit in with compensation for the attorney’s services?

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About Timothy Matthews, Partner

Balancing competing objectives.

With multiple family perspectives, various goals, and emotion thrown in for good measure, it can be tough for clients to get satisfactory results to their issues. Tim overcomes this for his clients by listening acutely, providing options, and seeking to address the underlying anxieties and concerns rather than to simply “solve” the legal problem.

Representative matters

Tim works with his clients on a variety of issues, including estate and trust litigation, tax and estate planning and probate procedures. His clients include:

Individuals
Executors
Trustees
Beneficiaries
Foundations
Charities

Areas of practice:

Estate Planning & Litigation
Property and Real Estate Development
Charities/Not For Profit

BAR ADMISSION(S)

Nova Scotia, 1979

LAW SOCIETY(IES)

Nova Scotia Barristers’ Society

EDUCATION

Oxford University, B.C.L., 1978
Dalhousie University, J.D., 1976
Dalhousie University, B.Sc., 1973

QUEEN’S COUNSEL

1998

ACTIVITIES

Member, Canadian Bar Association
Past President, Nova Scotia Branch, Canadian Bar Association
President, Scotia Chamber Players (Scotia Festival)
Secretary, Symphony Nova Scotia Foundation
Director, Halifax Youth Foundation
Past President, Symphony Nova Scotia Society
Past Chairman, Nova Scotia Talent Trust
Trustee, Nova Scotia Talent Trust Foundation
Editorial Board, Estates Trusts & Pensions Journal [Canada Law Book]
Member, Halifax Estate Planning Council
Past Education Chair, Society of Trust and Estate Practitioners (STEP) Canada
Past Chair, Society of Trust and Estate Practitioners (STEP) Atlantic
Past Chair, National Wills Estates and Trusts Section, Canadian Bar Association
Former lecturer, Equity and Trusts, Law of Succession, and Estate Planning, Dalhousie Law School
Member, The International Academy of Estates & Trusts Lawyers

LANGUAGE(S)

English

LEXPERT RATINGS

Charities / Not For Profit
Estate and Personal Tax Planning / Estate Litigation

MARTINDALE-HUBBELL RATINGS

AV Preeminent® (highest peer rating)

Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

EXTERNAL RATINGS

Best Lawyers’ 2012 Halifax Trusts and Estates Lawyer of the Year
Best Lawyers: Trusts and Estates, 2006, 2008-2015

Stewart McKelvey. Lawyers, Avocats

Our Vision

Continue to be the pre-eminent law firm in Atlantic Canada in meeting the needs and earning the trust of our clients, our lawyers, our staff, and the legal profession.

Background

Stewart McKelvey is an innovative, client-driven law firm committed to providing the highest quality of ethical legal services, earning clients’ trust and meeting and striving to exceed their needs. The firm invests in its people, technology and its business to ensure the continued delivery of quality service that clients have come to expect from the firm.

Since becoming the first regional law firm over 20 years ago, Stewart McKelvey has grown to become one of the 20 largest law firms in Canada with more than 200 lawyers in six locations in Atlantic Canada.

Our Organization

We are a client-driven organization which takes a long term view of our relationships with clients and others with whom we deal. Independence, individual initiative and a business-like approach are encouraged in a collegial team environment. We are committed to excellence in the practice of law and to earning our clients’ trust and meeting their needs. We wish to conduct our practice in a manner which is economically efficient to our clients and highly rewarding, financially and otherwise, to our partners and to our associate lawyers.

Our Dealings With Each Other

We are supportive of our partners and associates in all of our offices. We recognize that our firm as a whole will grow and prosper if we support one another. We treat each other, our staff and others with whom we deal, with respect, courtesy and openness. Differences in the degree of financial contribution made by each of us is only intended to be reflected in the compensation which we receive. We value and reward initiative and hard work, recognizing that our firm must be able to accommodate individuals with varying aspirations and expectations. We strive to be team players. Each of us recognizes our individual duty to conduct and manage our practice in a manner which is in the best interests of the firm.

Our Professional Development

We are prepared to make significant investment in our firm and in the people who comprise it. We intend that all associate lawyers who join our firm will be afforded an equal opportunity to become a partner in our firm, while recognizing the need for profitability and economic contribution to the firm and the other attributes of ownership. Within the context of our economic objectives and our commitment to clients, we strive to accommodate those who wish to work on a non-traditional basis or to adopt a career path which does not lead to ownership in the firm.

Our Other Values As A Firm

We are committed to the highest ethical standards and recognize that our firm must take a leadership role in our profession. We acknowledge the importance of our families and the need to work in a manner which is sensitive to the needs of our families. While recognizing the time limitations and strengths, weaknesses and preferences of all of our lawyers, we strive to actively be involved in business, industry and community organizations and to maintain our visibility as lawyers and as members of our communities. Our personal and firm charitable activities are intended to contribute genuinely to our communities.

20 Years of Innovative leadership

Stewart McKelvey proudly celebrates over twenty years of innovative leadership as Atlantic Canada’s first and largest regional law firm. With a distinguished heritage reaching back to Canada’s confederation, our law firm has established an international reputation for generating results. Since becoming the first regional law firm over 20 years ago, Stewart McKelvey has grown to become one of the 20 largest law firms in Canada.

The more than 200 lawyers and 300 staff in our six locations have a single objective: