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Guardianship Applications
When a family member gets older, they will need assistance to help them manage their finances and their medical care. This can be a difficult time, especially if that family member never signed a Power of Attorney, granting another individual the power to complete these financial and medical responsibilities on behalf of the family member.
Up until that family member loses capacity, they have the ability to appoint someone as their Power of Attorney for both financial and medical decisions. However, once they lose their mental capacity to instruct a lawyer, it is too late to obtain a Power of Attorney and you must look for alternative options.
The court allows for family members to apply to the court for an Order appointing them as Guardians of either “property” or “of the person”. This court Applicant can be complicated and can arise with family disputes over who should be appointed.
If you have any questions on this issue, please feel free to reach out for a first meeting. We can advise of the benefits and consequences of each option and will provide you with helpful advice on how to proceed.
Want Us to Give You a Quote?
You have a right to pick the lawyer that best fits your needs. If you want us to give you a free quote, please feel free to call us at (705) 476-6600 or email us at info@sangsterlaw.ca.
Capacity Disputes and Removal of Powers of Attorney
There are other forms of disputes that can arise out of the appointment of Powers of Attorney. Firstly, there can be challenges as to the mental capacity of the family member.
Secondly, there can be challenges as to the performance of their duties as Power of Attorney. Our office has successfully helped multiple Powers of Attorney defend themselves against unfair accusations of misappropriating their family member’s funds.
If you believe a Power of Attorney is abusing their power, feel free to reach out for a first meeting.
