Sentences with phrase «execution of a power of attorney»
Raymond argued that pursuant to the case of Nguyen - Crawford v. Nguyen, 2010 ONSC 6836, when there were suspicious circumstances of undue influence surrounding the execution of a power of attorney, the presumption of capacity is inoperative and the burden of proof regarding capacity shifts to the attorney.
http://devrieslitigation.com/ Not exact matches
According to previous case law of the Constitutional Court, the right to a fair trial in the Spanish Constitution requires that, if a person has been convicted in his absence, a surrender for the execution of that conviction must be made conditional on the right to challenge the conviction in order to safeguard that person's rights of defence, even if he had given power of attorney to a lawyer who effectively represented him at the trial (paras 20 and 22).