Unfortunately, misuse of funds or even theft by use of a “power of attorney” is an all too common occurrence. Too often, for one reason or another, a person named in a power of attorney treats a grantor’s money as his own. In nearly all of these cases, the grantor is vulnerable to this type of abuse because she either does not have mental competence or is simply dependent on the attorney to some degree to assist with day-to-day living. Even in situations where a grantor still has capacity, she may not have a full appreciation of what her attorney is doing with her finances, which leaves her susceptible to financial abuse. In many instances, the attorney purposefully keeps the grantor and other family members in the dark, and refuses to share any information with the family. Although every situation is unique, the refusal to share any information is typically a red flag. Frequently, the attorney will also try to limit (or even eliminate) contact between the grantor and other family members. Family members feel helpless and endlessly frustrated. Although they suspect that there may be some wrongdoing, they feel they cannot prove it without more information and, at the same time, they do not know how to get that information. The family may be reluctant to involve the grantor because they do not want to upset her with what will be perceived as “fighting in the family”. Fortunately, in many cases, there are legal tools available to help family members get information from the attorney or even have the attorney removed. If you suspect that someone is stealing from (or otherwise taking advantage of) your family member using a power of attorney, the first thing you should do is request that the attorney provide an accounting. You should then immediately contact the Public Guardian and Trustee to have that office request an accounting from the attorney as well. In many cases, you (or your lawyer) need to make this request of the Public Guardian and Trustee before you can get to Court. Because of the large volume of calls that the Public Guardian and Trustee receives, their involvement is typically limited to requesting an accounting. You should also contact a lawyer with expertise in this area as soon as possible. If the power of attorney truly is being used to steal from the grantor, he may also attempt to influence the grantor to change her will. A lawyer can determine the appropriate next steps for your particular circumstances, which will often involve some type of court application. If these matters are not dealt with promptly, they tend to mushroom, and ultimately can carry on even after the grantor’s death, turning into complex, lengthy, and costly estate battles.

About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest and largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made our firm rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2017). Integrity, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as a legal opinion on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.