Recent decisions involving powers of attorney
Featured in this issue are digests of recent decisions involving powers of attorney.
Power of attorney — Revocation and variation
H executed continuing and enduring power of attorney appointing husband as attorney until his death and two sons, M and R, as joint and several attorneys thereafter — Two years later, H was forced to move to long term care home due to dementia — H’s husband made her financial and health care decisions until his death — M and R then assumed responsibility for H’s financial affairs — While M claimed he and R were unable to work cooperatively to manage H’s financial affairs, R believed brothers could continue to work together despite some differences — M brought application to be appointed guardian of H’s property — Application dismissed — Attorney for property appointed by person who subsequently became incapable could be removed only on basis of strong and compelling evidence of misconduct or neglect — By appointing both M and R as attorneys, H made it clear she wanted both sons involved in managing her financial affairs — There was no evidence of misconduct or neglect warranting their removal — While M and R might having differing views about expenditures that should or should not be made on behalf of H, both had been acting in good faith — Application to terminate subsisting power of attorney had to be dismissed.
White v. White, 2017 ONSC 4550, 2017 CarswellOnt 11798 (Ont. S.C.J.).