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

Attorneys Under a Power of Attorney Have a Fiduciary Duty

In British Columbia, attorneys under a Power of Attorney have a fiduciary duty to act in the best interests of the donor. As a fiduciary, the attorney may not exercise the power of attorney for personal benefit unless the donor consents to the proposed transaction… Read more

What Is a Power of Attorney and How Do They Work?

    What Is a Power of Attorney?( POA) The BC Court of Appeal decision in Houston Estate v Houston 2012 BCCA 300 raises a few very good legal issues relating to Powers of Attorneys. will blog further about this appeal case, but for… Read more

Enduring Powers of Attorney Now Have New Teeth

Following years of consultation, an amended Power of Attorney Act  came into effect on September 1, 2011, and now has “some teeth” in enduring powers of attorney. This new Act brings important changes to the law governing enduring powers of attorney (“EPOA”) i.e.  those which… Read more

New Power of Attorney Act for British Columbia Sets Out Test For Capacity and Duties of the Attorney

New Power of Attorney Act for BC Much of the financial abuse seen by over the years relates to the abuse of a power of attorney by the very person entrusted to be the attorney. After many years in the making, a new Power… Read more

Second Power of Attorney Doesn’t Revoke Prior Power of Attorney, Joint Tenancy Severed with First Power of Attorney

Second Power of Attorney Houston v Houston 2011 BCSC 510 is an example of an estate dispute between the husband’s children from his 1st marriage, and his surviving wife and her children, relating to the use of a power of attorney by the children of… Read more