Concerns regarding the conduct of an attorney for property or personal care for an elderly person are often cited as grounds for litigation seeking their removal as attorney. The grantor’s best interests is the most important consideration for a court when determining whether the attorney ought to be removed. This seminar will consider who has standing to seek the attorney’s removal, specific reasons to seek their removal, and how a replacement is determined. This seminar will also consider ancillary issues, such as when to seek a passing of accounts for the power of attorney period, directions under the Substitute Decisions Act, and the recognition of extra-provincial powers of attorney.

Topics include:

• Removal and Replacement of attorney for property and personal care
  • Standing to bring application
  • Reasons to remove the attorneys
  • When there are co-attorneys, substitute attorneys, and no other attorneys
• Recognition of extra-provincial powers of attorney
• Passing of accounts
• Directions under the SDA