A ‘power of attorney’ is a document made by a person to allow another person to make decisions for them about property management or personal care (or both).

Where a person requires such a ‘substitute decision maker’ but did not make a power of attorney and is now incapable of doing so, a Court may appoint a ‘Guardian’. Attorneys and Guardians are basically the same; how they become appointed is different.

This type of litigation can be complex and often require steps to be taken swiftly. The most common types of litigation include:

  • Appointing a Guardian where an incapable person has not previously made a Power of Attorney.
  • Removing an attorney who misbehaves in favour of an alternate Attorney or a Guardian.
  • Remedies against an attorney who has exploited the opportunity to use the power of attorney to enrich himself improperly.
  • Complaints about how the attorney has spent an incapable person’s money (or plans to do so) or has compensated himself or herself.
  • Disputes between co-appointed attorneys.
  • Passings of Accounts.
  • End-of-life decisions and conflict amongst family members.

I have experience in all of these areas and would be happy to assist.