Power of Attorney Disputes

POA disputes often involve the following scenarios:

Financial Mismanagement - Concerns that the attorney is using funds improperly or for personal gain.

Lack of Capacity - Questions about whether the grantor had capacity when the POA was created or used.

Undue Influence - Allegations that someone pressured the grantor into appointing a specific attorney.

Failure to Account - The attorney refuses or fails to provide a full financial accounting.

Family Conflict - Disputes among siblings or relatives about how decisions are being made.

Power of Attorney disputes in Ontario are governed by the Substitute Decisions Act and fiduciary law. Key principles include:

Best Interests - Attorneys must act in the best interest of the grantor, not themselves or others.

Transparency - Attorneys must keep detailed records and respond to reasonable requests for information.

Capacity Assessments - Capacity must be determined carefully when making or activating a POA.

Court Oversight - The court can demand a formal passing of accounts or remove an attorney for misconduct.

Dual POAs - Conflicts may arise when multiple attorneys are appointed with differing views.

POA disputes can be highly emotional and legally complex. Common challenges include:

Family Tensions - Disagreements often involve close relatives, making resolution more sensitive.

Lack of Documentation - Attorneys may not keep sufficient records, complicating oversight.

Grantor’s Wishes - It's difficult to determine what the grantor would have wanted in unclear situations.

Health and Safety Risks - Disputes over personal care POAs can delay necessary decisions.

Legal Complexity - Resolving POA abuse often requires court intervention and careful legal strategy.

At ME Law, we assist families, attorneys, and concerned parties in resolving POA disputes. Our services include:

Legal Assessment - Reviewing POA documents and evaluating potential breaches or misuse of authority.

Court Applications - Applying for removal of an attorney or compelling them to pass accounts.

Defending Attorneys - Representing POA holders accused of misconduct who acted in good faith.

Dispute Resolution - Mediating between family members to preserve relationships while resolving legal concerns.

Capacity Litigation - Litigating capacity issues related to the creation or execution of POAs.

Power of Attorney disputes require timely and experienced legal support. Whether you are questioning an attorney’s actions or defending your role, contact ME Law for trusted advice and advocacy.