Power of Attorney Disputes in Ontario

Are you concerned that an attorney for property is misusing another person’s money, transferring assets, making unexplained withdrawals, withholding financial information, or failing to manage property in that person’s best interests? Has an attorney for personal care made decisions concerning housing, healthcare, safety, or contact with family members that you believe are improper? Or are you an attorney whose authority, conduct, or decisions are being challenged? A power of attorney dispute, sometimes called power of attorney abuse, can place a vulnerable person’s property, personal welfare, autonomy, and family relationships at risk.

What a power of attorney dispute may involve

A power of attorney dispute may involve whether the person had the required capacity when the document was signed, whether the document was properly executed, how its terms should be interpreted, or whether it was obtained through undue influence, coercion, fraud, or forgery.

Disputes may also concern:

• an attorney’s management of property
• personal care decisions
• record-keeping and accounting
• compensation
• conflicts of interest
• improper gifts or transfers
• competing powers of attorney
• the attorney’s removal or replacement

What affects the available remedies and procedure

The available remedies and procedure will depend on the nature of the authority granted, the person’s capacity and current circumstances, the attorney’s conduct, and the evidence supporting or opposing the allegations.

How Zel Law can help

If you are concerned about the validity, use, or abuse of a power of attorney, or are responding to allegations concerning your conduct as an attorney, speaking with an estates and capacity litigation lawyer early can help you assess the document, the available evidence, and the most appropriate way to protect the person or respond to the dispute. Zel Law’s litigation lawyer has experience with power of attorney disputes involving validity, financial management, attorney decision-making, accounting, and alleged breaches of fiduciary duty. Book a consultation to discuss the power of attorney, financial records, correspondence, capacity information, relevant decisions, and the legal options that may apply.

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.

• Guardianship & Capacity Disputes
• Passing of Accounts
• Real Estate Fraud