Power of Attorneys Dispute
It’s common to appoint one person to act as an agent for financial or healthcare decisions. The person appointed is named as someone else’s Power of Attorney. Also, problems relating to a Power of Attorney can arise because people do not properly understand the role of an attorney. If you are acting as an attorney for a family member or friend, consulting a wills and estate lawyer about your duties and role can help you avoid liability.
What is a Power of Attorney?
A Power of Attorney is a legal document that a person (a grantor) signs to give another person, or more than one person, the authority to manage a grantor’s money and property on the grantor’s behalf. The person a grantor appoints is called an “attorney.”
What types Power of Attorney I can grant?
In Ontario, there are two commonly-used powers of attorney.
The Power of Attorney for personal care grants your attorney the right to make decisions regarding your personal care, which includes emergency health care decisions and decisions regarding placement in a nursing or long-term care home.
A Power of Attorney for property is a written document in which you give someone the power to make decisions about your property and finances if you become unable to make these decisions yourself. For example, your attorney for property could be responsible for taking care of your banking matters, managing your investments, running your business, buying and selling real estate on your behalf, or paying your monthly bills.
Most often, your attorney is your spouse, adult children, a relative, or a close friend.
What are common Power of Attorney disputes?
Some of the issues that can arise in Power of Attorney litigation include:
If more than one attorney is named on a Power of Attorney to act jointly, those individuals might have a dispute with each other as to how the decisions should be made.
- An Improperly Executed Power of Attorney.
It is important to ensure that your Power of Attorney is executed properly. Sometimes, although your Power of Attorney is signed and witnessed, it may be that one of the witness signatures is not valid because of the witness’s relationship to the grantor.
- Misuse or Abuse of power.
The attorney acting under a Power of Attorney has not complied with his or her duties as set out in the law, has breached his or her fiduciary duties to the grantor, or has been negligent in the performance of his or her role as an attorney.
Landmark Law assists with these issues if you are involved with the Power of Attorney disputes. please book a free, 30-minute initial consultation with us. [Click Here]
Disclaimer: The following information is intended as general information and not to be read as legal advice. Please seek legal advice from qualified legal professionals.
Just A Minute - Podcast Episode 19: Appoint the PGT as an Alternative Trustee