Power of Attorney

Under the common law and Ontario statutes and regulations, the attorney for property is a fiduciary who must act in the best interests of the person whose assets the Power of Attorney/Guardian of Property has charge. There is an absolute strict duty to keep accounts of all transactions involving the property of the grantor of the Power of attorney. Breach of these duties may result in removal or sanction.

owners manual power of attorney

Powers of Attorney – where is the owner’s manual?

Usually, lawyers who draft wills for their clients also prepare a power of attorney for property and personal care. These documents allow the client to choose who makes financial decisions or personal care decisions should the client become incapable. The person whose property is being managed and who signs the power of attorney is called the grantor. The person who is appointed to manage the property or make decisions about personal care (referred to, respectively, as the attorney for property or attorney for personal care) sometimes only sees the document after the grantor becomes incapable. Problems often arise because the attorney does not know what the responsibilities and duties are. If only the document came with an instruction booklet.
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trustee compensation

Compensation for Acting as Guardian for Personal Care/Attorney for Personal Care

There is a curious quirk in the Substitute Decisions Act: while the Act explicitly permits a guardian of property appointed under a Power of Attorney for Property to take compensation for their services, there is no equivalent provision permitting Guardians of the Person appointed under a Power of Attorney for Personal Care to take compensation. An obvious question therefore arises: are guardians of the person entitled to take compensation for their services? And if so, how much?
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capacity assessment

The Shrink Next Door – legal options if this took place in Canada

Imagine Martin Markowitz’s sister coming into your office and telling you her brother’s story: “For nearly 30 years your psychiatrist takes over your life, claims your Southampton estate and your family business, as well as your Swiss bank account as his own. … He convinces you to become estranged from your only sister and persuades you that anyone you date is after you only for your money”.
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where in world

Where in the world should I prepare my powers of attorney?

While initiatives by lawmakers are being pursued to harmonize laws addressing the enforceability of capacity-related documents worldwide, this has not yet been finalized.  Therefore, when issues regarding the enforceability of POAs arise, consultation with a litigation lawyer about what your options might be – potentially in coordination with a litigation lawyer in another jurisdiction – is recommended.
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power of attorney

A Power Of Attorney Primer

My friend Moe was appointed an attorney. He took on the role with the attitude – “how hard could it be?” He then asked me where he could find a Power of Attorney for Dummies book. I could not find one. So in honour of my friend Moe I wrote this primer on what to do once you have been named as a power of attorney for property.
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