Legal Question in Family Law in Canada
declaration of incpompetence
M y mother appointed me as her financial POA 7 years ago and another sister was made the executor to her will. Mom chose to do this because one sister had bullied her out of her cabin and my other sister and brother had been bag, borrrowing and stealing from her for years. Rcently, my siblings have gotten her to sign for a credit card without my knowledge ( I reside elsewhere) and give up all legal rights to my deceased father's house. Apparently, I am not able to charge them because mom does not want to see them get charged or deal with the consequences. I am ready to give up POA. Her inability to say ''no'' in conjunction with her free will and total lack of understanding and there ability to trick/con her is all becoming too much for me to handle because I am not anble to protect my mother from herself. She is not incompetent per say but completely incompetent to make informed, non-coerced decisions. Do I give up POA or have her declare herself completely incompetent. The lawyer is aware of the impact that the other 3 siblings are having on her but says there is nothing i can do if she has free will to make those decisions even if she doesn,t really understand what she is agreeeing to. Please provide me with some guidance
1 Answer from Attorneys
Re: declaration of incpompetence
This answer is applicable only to British Columbia; as noted on the lawGuru webside questions directed to this firm can only be answered with reference to B.C. law.
It may well be that your mother's actions can be undone, or it may be that they can not be. You have not given anywhere enough information upon which to base advice; while this is a serious situation, it is not one that can be dealt with on the internet; you must see a lawyer who will advise you what more is needed.
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