Power of Attorney Misuse

Serving Greater Vancouver and Surrey

When an individual is unable to make certain financial, medical or legal decisions, they may grant that power to a spouse, relative or close friend through a Power of Attorney.

If you are named as an attorney or are seeking assistance drafting a Power of Attorney, contact Nirwan Law Corporation to ensure the legal process proceeds smoothly.

What is a Power of Attorney?

A Power of Attorney is the legal document that authorizes an individual, usually a relative or close friend, to make decisions for another person. This person becomes an attorney, meaning they must act in the best interests of the person for who they are responsible, the grantor or donor.

There are two main types of Powers of Attorney.

Power of Attorney for Property – grants powers to make decisions about properties, finances, businesses and investments.
Power of Attorney for Personal Care – grants decision-making powers for health care, medical treatments, housing, hygiene and personal safety.

Powers of Attorney have different legal limits depending on where you are in Canada. So, it’s important to consult an experienced estate litigation lawyer when navigating this legal duty.

What are common misuses of Powers of Attorney?

Older individuals are most vulnerable to cases of elder law abuse and misuse of powers of attorney is the most common type of abuse. An attorney can commit fraud when obtaining power of attorney by forging documents or coercing the grantor into the agreement. Once power of attorney has been obtained, common misuses include:

Withdrawing the grantor’s money for the attorney’s personal use
Mortgaging or selling the grantor’s possessions and estate
Making questionable investment decisions with the grantor’s finances
Forging the grantor’s name on documents or cheques

Do you need an Estate Litigation lawyer?

If you suspect financial abuse is taking place by an attorney, contact us at Nirwan Law Corporation. We can help you request a financial review from the Court, file a lawsuit against the attorney or request a guardian to take responsibility for the grantor. Contact one of our experienced lawyers online or by calling 604-372-0253.