Estate Planning

Removing an Attorney for Property

By Hull & Hull LLP

Removing an attorney for property is notoriously difficult. A person should only seek to remove an attorney for property when clear and compelling evidence presents itself. 

Where you feel the circumstances necessitate the commencement of a removal application, I recommend that you consider the following practical and strategic evidence-gathering steps, which may add teeth to your claim:

...                    Compile a detailed list of the attorney's misdeeds and inactions;

...                    Consider asking The Office of the Public Guardian and Trustee to investigate;

...                    Talk to neighbours and caregivers to gather critical information;

...                    Maintain regular contact with the incapable person and try to ascertain his/her wishes; and

...                    Ask the attorney for regular progress reports.

Finally, it is worth considering applying to the court for directions regarding the conduct of the attorney before embarking on a removal application. The court may implement conditions and/or restrictions on an attorney's activities and may also provide guidance as to whether a removal application is warranted as a next step.

For more on this topic and power of attorney litigation generally, I suggest you read Ian Hull's book, Power of Attorney Litigation, 2000, CCH Canadian Limited.

Have a great day,

Natalia Angelini

Full post as published by Toronto Estate Law Blog on April 28, 2009 (boomark / email).