Power of Attorney

Fiduciary Obligations of Attorney Increase If Donor Incompetent

In Zeligs v Janes 2015 BCSC 525 the court examined the breach of fiduciary duty of two powers of attorney for a mentally incompetent donor who both personally financially profited
The Power of Attorney Act

The Power of Attorney Act

Sazarynick v Skwardchuk 2021 BCSC 443 reviewed how much of the common law re Power of Attorney cases was codified and strengthened in the modern BC Power of Attorney Act
The Test For a Fiduciary Relationship

The Test For a Fiduciary Relationship

At the highest level of generality, a fiduciary must act with utmost loyalty, good faith, and in the best interests of the person over whom they exercise discretion or control:
Fiduciary Obligations of a Power of Attorney

Fiduciary Obligations of a Power of Attorney

Sarzynick v Skwarchuk 2021 BCSC 443 discussed the fiduciary obligations that an ad hoc fiduciary attorney under a power of attorney would owe in equity that have largely been codified
Power of Attorney Creates Fiduciary Relationship

Power of Attorney Creates Fiduciary Relationship

Wang v Wang 20120 BCCA 15 followed the appeal court’s previous decision in Houston v. Houston, 2012 BCCA 300 finding that the grant of power from the donor to the
Power of Attorney is a Fiduciary - Disinherited

Power of Attorney is a Fiduciary

Meng Estate v Liem 2019 BCCA 127 confirmed that a person acting under a power of attorney is an agent held to the standard of conduct to which equity holds

Power of Attorney Has to Account

This article is about forcing a power of attorney who subsequently becomes the executor and trustee of an estate to account to the estate for monies handled during the course
Court Refuses to Revoke Power of Attorney | Disinherited Vancouver

Court Refuses to Revoke Power of Attorney

An Ontario case Crane v Metzger 2018 ONSC 5382 refused an application to revoke a power of attorney of the applicant’s mother who had vascular dementia and had been determined
Power of Attorney Abuse | Disinherited | Estate Litigation

Power of Attorney Abuse

Goyal v. Estate of Maisie Meng 2017 BCSC 2474 involved an abuse of a power of attorney who were sued by the estate representatives for breach of fiduciary duty. Mr.
Power of Attorney Creates a Fiduciary

Power of Attorney Creates a Fiduciary

Attorney Using a Power of Attorney is a Fiduciary As a fiduciary, an attorney for property is “ obliged to act only for the benefit of the donor,  putting his/her