Power of Attorney

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
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
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
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
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