Power of Attorney

BC Estate Lawyer – Power of Attorney Does Not Allow Gifts

Trevor Todd and Jackson Todd have over sixty combined years of experience in handling power of attorney and other estate litigation issues. Re Derth 2024 BCSC 1033 the daughter of

Attorney Cannot Transfer Parent’s Assets to Protect Parent’s Finances

An attorney cannot transfer all of the funds to another bank account in the name of another party despite the attorney’s intention to protect the parent – McMullen v McMullen

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

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

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

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