Day: January 6, 2015

Did You Know?

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By Melanie Hodges Neufeld

… A lawyer cannot act for both the builder/developer and the purchaser in a real estate transaction resulting from the construction of a new home, even if the parties consent (see section 2.04(9) of the Code of Professional Conduct). This is true even when a corporate builder/developer sells the new home to another, related, corporate purchaser. This restriction applies whether or not the purchaser intends to actually reside in the new home. See Law Society Professional Conduct Ruling, 2013 SKLSPC 4.

This tip first appeared in Volume 27, Issue 1 of the Benchers’ Digest (January 2014). All issues of the Benchers’ Digest back to 1997 are available on the Law Society website. A searchable Professional Conduct Rulings Database is also available. Please check out both for more guidance.

 

Changes to Power of Attorney Rules

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By Melanie Hodges Neufeld

The following changes under The Powers of Attorney Amendment Act, 2014 went into effect January 1, 2015:

  • Requiring an attorney to provide a final accounting when he or she stops acting;
  • Placing restrictions on what attorneys can charge for managing an estate;
  • Allowing attorneys to make gifts from an estate if the power of attorney document specifically permits it, or if the attorney has reason to believe the property owner would have done so;
  • Placing limitations on the total value of gifts an attorney can make out of the estate in one year; and
  • Giving the Public Guardian and Trustee the power to investigate an attorney’s management of an estate.

For more information, visit the Government of Saskatchewan news page.