Power of Attorney Compensation

Power of Attorney Compensation

An attorney under a power of attorney in British Columbia cannot be compensated for services provided unless the document expressly provides for same. The attorney may however be reimbursed from the adult’s property for reasonable expenses incurred. The Act states: Payment and Expenses of Attorney… Read more

Obligations of a Power of Attorney

Obligations of a Power of Attorney

The Manitoba Supreme Court in Krawchuk v Krawchuk 2017 MBQB 47 outlined the legal obligations  of a power of attorney. Manitoba’s laws for powers of attorneys are essentially the same as for British Columbia. The Court stated inter alia as follows: 18      The applicable law with… Read more

Mental Incompetency and the Patient's Property Act

Mental Incompetency and the Patient’s Property Act

Re Silkstrom 2017 BCSC 206 involved a contested application under the Patient’s Property Act to be appointed the committee of the person of an elderly mental incompetency patient. A Trust company had earlier been appointed to manage the elderly woman’s  financial affairs pursuant to a Power… Read more

Committeeship and the Patients Property Act

Committeeship and the Patients Property Act

Re Haston 2016 BCSC 1962 is a good review of the law relating  to the appointment of a committee under the Patients Property Act, as well as the criteria for choosing the best party to be the committee. Once appointed the committeeship voids any Powers of… Read more

What Is a Trust?

What Is a Trust?

Society of Notaries Public Bc v The Law Society BC 2016 BCSC 1558 provides a definition of what is a trust that has been approved by innumerable courts. What Is a Trust? In Waters’ Law of Trusts in Canada (4th ed. Waters, Gillen and Smith,… Read more

Who Should Be Appointed Committee

Who Should Be Appointed Committee

The thorny topic of  who should be appointed Committee was discussed in Baker-McGrotty V Baker 2016 BCSC 699. The case involved a representation agreement appointing a care giver but was signed when the patient was severely cognitively impaired, so it was suspect in it’s validity…. Read more

Power of Attorney Special Execution Provisions

S. 16 of the Power of Attorney Act allows for special execution provisions for enduring powers of attorney such as when the donor is physically incapable of signing the document and another person wishes to sign on his or her behalf. Usually the biggest concern… Read more

Committeeship Order Terminates Representation Agreement and Power of Attorney

Re Unrick 2015 BCSC 1330 held that an order of committeeship under the patient’s property act terminates both an existing Power of Attorney, as well as a Representation Agreement. A petition was brought by the 91-year-old patient’s next of kin to have her declared mentally… Read more

When Does a Power of Attorney End

It is not always clear to an attorney when the donor may intend to bring to an end or revoke a power of attorney. Generally speaking, any adult who  is  mentally capable  of understanding the nature and consequences of doing so, may change or revoke… Read more

PPA Revokes Power Attorney and Representation Agreement

Uhrick (Re), 2015  BCSC 1330 discusses how a finding under s19 of the Patients Property act appointing a committee as the court ordered personal representation of a mentally incompetent person revokes any outstanding power of attorney and may revoke a Representation Agreement relating to health care… Read more

Power of Attorney Must Repay Monies Taken

An attorney under a power of attorney is in a fiduciary relationship as discussed in Robillard v Bandick 2015 BCSC 1417. The case is a good explanation of both the proper and improper uses of a power of attorney, as well as an explanation of… Read more

Attorney Cannot Sell to Himself Using Power of Attorney

An attorney cannot sell transfer our charge of parcel of property in favour of himself or herself, and any such transfer or charge is deemed not valid unless the power of attorney expressly authorizes it or the principal ratifies it. This is both pursuant to… Read more

Courts Powers Under Power of Attorney Act Have Increased

The September 2011 enactment of the new Power of Attorney act implemented some real “teeth” into the jurisdiction of the court to get involved in this frequent  area of elderly financial abuse. I blogged earlier this week in Sommerville v Sommerville 2014 BCSC 1848, where… Read more

Court Determines Rights Between Two Competing Powers of Attorney Spouse vs Daughter

Powers of Attorney Spouse vs Daughter   Sommerville v Sommerville 2014 BCSC 1848 involved a court application wherein the deceased gave both his surviving widow and his daughter separate powers of attorney that could be used individually. The facts are somewhat complicated given that the… Read more

Power of Attorney Is In Fiduciary Relationship With Donor

A Power of Attorney almost by it’s very nature creates a fiduciary relationship between the Attorney and the Donor, and as such presents opportunity for financial abuse. The Supreme Court of Canada in Gladstone v. Canada (Attorney General 2005 SCC 21 noted that while discretion,… Read more