Power of Attorney Disputes

An individual may appoint an attorney for property or for personal care by executing a power of attorney document. The individual making the appointment is called the “grantor” and the person being appointed is called the “attorney.”

Disputes may arise among family members as to the proper use of the appointment. Sometimes allegations of various types of abuse may arise: for example, emotional or psychological abuse through isolation; or physical abuse by not providing the necessaries of life; or financial abuse, this being the most common.

The grantor, an attorney (that is, a personal care attorney or a property attorney, as the case may be), or any other person who obtains court permission, may bring a court application to challenge the attorney’s use of their powers.

Attorneys for property owe a fiduciary duty to the grantor and as such, they must keep accounts, and keep them contemporaneously. More on the circumstances giving rise to a passing of accounts application may be found here.

Attorneys may be eligible for compensation and this is frequently a source of conflict within families. In particular, attorneys for personal care often take on more than the role requires, becoming caregivers and not just decision-makers. Their compensation is not set by law, and therefore careful accounts and notes must be kept if the attorney believes he or she is eligible to be compensated.

Attorneys are liable to the grantor; they may even be removed for egregious abuse of power. Since these disputes occur most often among family members, our goal is to resolve these issues as quickly as possible.

More on the circumstances giving rise to a passing of accounts application may be found on the following page: