It may indeed be more prudent for Paul to have the assistance of an expert in managing his finances. While one may wish that Paul obtain professional advice to assist him in making financial decisions, this is an entirely separate issue from that of Paul’s capacity to make decisions and his entitlement to terminate the trust. Further, it is not a requirement that the court is capable of imposing: see Hubbard v. Hubbard, [2005] O.J. No. 2405 (S.C.) at para. 32.
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