Legal Question in Wills and Trusts in Canada
Understanding an Executor and Benificary responsiblities
In regards to both my parents estates, my father has just been put into a long term care facility and I have been made the power of attorney over him. My mother is still living in her home at this time. My mother is the executor over my father's will and if she passes I will be made the executor. There is another grown child (50+) that is capable and willing to remove moneys' and property before either of my parents pass on. Is this legal, or can I put a stop to it? Would you recommend both of us being put on the will as power of attorneys to protect my mother from losing any of her estate. that way we would both have to have approval from the other before decisions can be made? I hold my father's power of attorney now. But my other question is in regards to vehicles, owned by my father that are registered and insured by him. Do I have to get this changed over to my name or does this have to be done by my mother and left in her name?
Any help would be greatly appreciated at this time.
1 Answer from Attorneys
Re: Understanding an Executor and Benificary responsiblities
Some general points. A Will only is effective when a person dies. Being named an executor gives a person no authority until the testator (the person who made the will) dies. While your parents are alive, their assets belong to them and no one has a legal right to just take them as an advance on an inheritance. Also, a person who is appointed under a power of attorney owes a fiduciary (trustee-like) duty to the person who appointed them. The attorney can only act in the best interests of the person and only on the known instructions of the person. If the person becomes incompetent then the attorney must act only in the best interests of the person.
If your father has mental capacity then you only deal with his vehicles as he instructs. If he does not have capacity then you only deal with the vehicles as would be in your father's best interests, which would likely be to sell them and preserve the proceeds of sale in case they are needed for your father's care, or if your mother has a beneficial interest in the vehicles, they should be dealt with only in consultation with her. That is a family law issue that you or your mother might need specific legal advice about.
As to you and your sibling both being granted a power of attorney, no person should be given a power of attorney if the person is not going to act in the best interest of the person granting the power of attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
