Power of Attorney

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

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

BC Estate Lawyer-Power of Attorney is a Fiduciary

Trevor Todd and Jackson todd have handled contested estates for over sixty combined years, including breach of fiduciary duties of powers of attorney.   Meng Estate v Liem 2019 BCCA

BC Contested Estates-Power of Attorney Must Account

Trevor Todd and Jackson Todd have practiced contested estate law for over sixty combined years, including financial abuse by a power of attorney. This blog is about forcing a power
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

BC Lawyer -Power of Attorney Abuse

Trevor Todd and Jackson Todd have practiced contested estate law for over sixty combined years, including financial abuse by a power of attorney.   Goyal v. Estate of Maisie Meng