Toronto Estate Litigation Lawyers for Challenges to Powers of Attorney



While still legally capable, an individual has the right to grant power of attorney to a trusted friend or family member. This allows the person with the power of attorney (also known as a substitute decision maker) to make decisions about the grantor’s property or personal care if the grantor eventually loses their legal capacity.

Substitute decision makers have extensive powers over fundamentally important aspects of the grantor’s life. For this reason, it is crucial to be careful when choosing a future substitute decision maker. This decision will have a massive impact on your future health and financial well-being. An attorney without the necessary skill and knowledge to make the requisite decisions, or one who will act in their own self-interest rather than the interest of the grantor, can have significant negative implications for the grantor and his/her estate. Unfortunately, such situations do arise.

If you are the friend or loved one of a grantor and are concerned about their appointed substitute decision maker, the experienced estate litigation lawyers at Arbesman Hamilton LLP in Toronto can help you navigate your options. Our firm, and its predecessors, have been helping clients with power of attorney challenges since 1953, and we work hard to help clients ensure the interests of their loved ones are protected.

Power of Attorney Disputes

Given the importance of the role of attorneys, it is not surprising that disputes often arise over the validity of a power of attorney, the decisions made by attorneys, and other related matters.

Common power of attorney disputes include:

  • Disputes over whether a grantor had the requisite capacity when they granted power of attorney;
  • Disputes over which power of attorney is most up-to-date and/or valid where multiple powers of attorney are granted during the grantor’s life;
  • Disputes over whether a grantor has the requisite capacity to revoke or change a power of attorney;
  • Disputes over decisions made by a power of attorney;
  • Disputes over proper management of property or personal care where there are multiple attorneys;
  • Disputes over passing of accounts.

Compensation Disputes

Acting as an attorney for personal care or an attorney for property for an incapable person involves considerable time and effort, and can attract significant liability. In recognition of this, Ontario legislation compensates attorneys for their work.

Compensation for attorneys is a heavily litigated area of estates law. These disputes can get complicated and acrimonious, particularly where an attorney is accused of not acting in the best interests of the grantor.

Removal Disputes

Removing an attorney for property or an attorney for personal care is difficult. Courts are generally reluctant to interfere with a grantors choice for an attorney (which was made when the grantor was fully legally capable).

However, despite the challenges with removing an attorney, situations do arise where this becomes necessary. Often a family member, friend, or loved one of the grantor makes the decision to attempt to remove an attorney out of concern for the grantor’s best interests.

Attorneys can be removed for breach of fiduciary duty. In lieu of removal, courts can also order that the attorney take certain actions, such as consulting with family members of the grantor.

Toronto Estate Litigation Lawyers Helping with Power of Attorney Disputes, Compensation Disputes, and Removal Disputes

At Arbesman Hamilton LLP in Toronto, our empathetic and experienced lawyers provide effective legal guidance with power of attorney disputes, including compensation disputes and removal disputes. If you are concerned about a friend, family member, or loved one contact us online or at 416-481-5604 to book a consultation today.

Blog

May 13

Marriage contracts (also known as “pre-nups”) may not be the most romantic topic for couple about to get married, but they can be incredibly important for... Read More

May 10

In Canada, employers have a duty to adjust rules, policies, or practices in order to allow employees to participate fully and avoid being discriminated against This is... Read More

May 3

It’s not uncommon for one parent to leave the workforce in order to work out of the home following the birth of children While it’s great to be able to provide... Read More

Apr 26

It is natural for parents to want to help their children This can be exercised in a number of ways, from helping children with education costs to helping them obtain a... Read More

Apr 19

In everyday conversation, people may take the simple definitions of words for granted Take for example the word “home” Easy enough, right Most people have a general... Read More

Insert – Contact

Contact