Power of Attorney Disputes

Attorneys for property have wide ranging powers; they are empowered by the Substitute Decisions Act to do anything on behalf of an incapable person, except make a will (or certain other actions that are akin to making a will.  Similarly, an attorney for personal care may be empowered to make wide ranging decisions on behalf of an incapable person, including decisions with respect to treatment, health and medical care, shelter, nutrition, and hygiene.  The law requires attorneys for personal care and property to act solely in the best interests the incapable person.

It is not uncommon to see disputes over so-called “duelling powers of attorney”, in which two people each claim to be duly appointing attorney for property.

Court applications can also be brought to remove an attorney for property or personal care who has acted improperly and/or to compel the attorney to account (ie make full disclosure of what (s)he has done with the incapable person’s assets).  Applications can also be made for a court order mandating the attorney to fulfill his/her duties to consult and foster relationships with supportive family members.   de VRIES LITIGATION has a great deal of experience prosecuting and defending power of attorney disputes.  We provide solid advice to attorneys for property and personal care with respect to the exercise of their duties, and winning advocacy in duelling power of attorney disputes and removal applications.