Legal Question in Wills and Trusts in Canada

power of attorney and possible missappropriation of money

Power of attorney enacted enduring power of attorney without proper actions, lying about involvement in financial affairs, not cooperating with accountability requests, how do you get accountability? financial documentation without cooperation from executor who was also acting as power of attorney?


Asked on 4/17/09, 10:12 pm

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: power of attorney and possible missappropriation of money

If you are an interested person as defined by the operative legislation you must apply to the court for an accounting on affidavit evidence. Otherwise the attorney can just put you off untill whatever was there is gone.

An attorney has the duty of full disclosure of all actions and all property under their control. An attorney may be personally liable for all expenses including your legal fees, if a judge orders it.

The attorney can also be held responsible and liable for all missing property

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Answered on 4/17/09, 10:19 pm


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