These issues are governed by the Substitute Decisions Act, 1992, S.O. 1992, c. 30.
A court may order that the accounts of an attorney for property be passed.
Who may apply to have the Attorney pass his accounts?
- The grantor of the power of attorney,
- A dependant of the Grantor,
- The Public Guardian and Trustee,
- The Children’s Lawyer,
- A judgment debtor.
The legislation also provides that any other person with leave of the court may apply to have the attorney for property pass their accounts. One must remember that the legislation defines an attorney for property as a fiduciary and the obligation to account is absolute.
For full particulars of what that entails we refer you to one of the regulations under the Substitute Decisions Act – Accounts and Records of Attorneys and Guardians, O. Reg. 100/96.