Category Archives: Power of Attorney

Understand PoA Requirements

In this Advisors Edge article Darren Lund of Borden Ladner Gervais LLP explains the relevance of the Power of Attorney and the importance of getting it right…

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Responsibilities Arising from a Power of Attorney

Article from Your Estate Matters, a Publication of Clark Wilson’s Wealth Preservation Group.

Powers of Attorney are a common incapacity planning tool.  Many people make them at the same time they prepare their Will.  Usually, the Power of Attorney is a short document, and seemingly straightforward.  For that reason, some people do not put much thought into agreeing to be designated as another’s Attorney.  However, there are a number of significant responsibilities that arise when the Power of Attorney is executed, particularly where the Power of Attorney is an enduring one (i.e. it will remain effective even after the the person granting the Power of Attorney (the “Grantor”) becomes incapable).

First, the Attorney must find out the scope and limits of his authority given through the Power of Attorney.  While is it true that the Attorney can effect a number of transactions with the Power of Attorney, the Attorney must remember that he is only permitted to effect transactions that are authorized by the Grantor and by law. Many Powers of Attorney are general and allow the attorney to do anything that the Grantor could have legally done. However, some powers of attorney are limited to dealing with specific assets or accounts, or place other restrictions on the exercise of powers. If the Attorney uses the Power of Attorney to carry out transactions that are not authorized by the Grantor or at law, the Attorney may be liable to the Grantor (or to the Grantor’s estate after death) for any resulting losses. (more…)

Searching For a Light

Article from Your Estate Matters, a Publication of Clark Wilson’s Wealth Preservation Group.

Those of us practicing in Wills and Estates and all other professionals advising upon inheritance issues are very much aware of the  many issues raised by clients afflicted with Alzheimer’s disease. We must be constantly aware of capacity issues when taking instructions and those of us who litigate estate issues often must carefully review medical records and secure expert reports  for committeeship applications; undue influence or capacity challenges to wills and in fact in a host of other situations.

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Power of Attorney – Beneficiary Animosity

If you have Power of Attorney for an aging or ill parent, you know that you have very broad control of Mom or Dad’s money, health and welfare. You are using your personal discretion on how to manage their assets, attend to their health needs, accommodation, or other comforts. (more…)

Capacity Issues When Dealing with a Lawyer

There are a number of areas of practice where questions of capacity to instruct counsel arise and often perplex lawyers. (more…)

Dementia and the Mental Health Act

Under the Mental Health Act, R.S.B.C. 1996, c.288 (“MHA”), is dementia included as a mental health disease?

3 Simple Steps to Being Prepared

Today we hear more and more about the essentials of estate planning including Wills, Powers of Attorney and tax planning.  Funeral Planning also is an important part of your estate planning and is a responsible part of protecting your family’s future. (more…)