Power of Attorney Litigation
A Power of Attorney (POA) lets you name a trusted substitute decision-maker to act for you if illness, injury, or age affects your capacity. The Substitute Decisions Act, 1992 (SDA) governs POAs and capacity in Ontario.
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Property (continuing or non-continuing): Manages money, assets, and legal/financial affairs. The attorney must be 18+.
Personal Care: Makes decisions about housing, food, health, safety, hygiene, and clothing. The attorney must be 16+.
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Granting a POA gives broad authority. Choose someone trustworthy and discuss your wishes clearly.
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Validity challenges: alleged lack of capacity or fraud/undue influence.
Joint attorney conflicts: disagreement between co-attorneys.
Fiduciary breaches: failure to act in the grantor’s best interests, conflicts of interest, secret profits, poor record-keeping, or negligence.
Commingling or mismanagement of assets; inability to account.
Competing POAs signed at different times; disputes over who has authority.
Compensation disputes for the attorney.
Removal applications where conduct warrants court intervention.
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Courts can:
Compel an accounting and scrutinize the attorney’s conduct;
Give directions or remove/replace an attorney where justified.
Why Choose Haider Khan Legal?
We represent attorneys, grantors, beneficiaries, and concerned family members in disputes involving the use or misuse of powers of attorney. Our office examines the attorney’s authority, transactions, records, capacity concerns, and fiduciary duties to identify appropriate protective or remedial steps.
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