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Creating power of attorney for personal and property care is an excellent way for a person to legally protect health and financial interests should he or she become ill or if their mental capacity declines to the point where they can no longer make decisions. The Substitute Decisions Act strictly outlines the mental capacity a person must possess in order to bestow power of attorney. While a Power of Attorney may be a way to minimize family conflict, it may also be the source of a dispute.
Power of Attorney Disputes in Southern Ontario
When a Power of Attorney is drafted, the person appointed is tasked with providing the care his or her loved one needs. In some cases, this power is abused and may result in the neglect of the grantor or depletion of wealth. This is how power of attorney disputes may arise. In some cases, the person appointed (the attorney) simply doesn’t understand his or her
obligations under the law.
Other POA Disputes
Power of attorney disputes can happen for various reasons. There may be difficulty determining who has the power of attorney when multiple people have been named during the grantor’s life. Or the grantor may revoke a POA when decisions are being made with which the grantor does not agree. Whether or not the grantor has the mental capacity to do so may also come into question.
If you wish to dispute a POA, consult with the estate lawyers at Donnell Law Group.
We are confident that we have what it takes to give you the peace of mind you need during this very sensitive time. Whatever circumstances your family is facing right now, we are here to help you through the process. Call us today for an initial consultation.