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:
- 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.
- End-of-life decisions and conflict amongst family members.
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