As Attorney for Property, You Can Be Taken to Court for Not Being Transparent An attorney for property is the person named in a Power of Attorney document (POA), to manage another person’s property. The attorney is not usually a lawyer – the term attorney just means the person with legal authority. Attorneys have a Duty to Keep Accounts The
Continue ReadingWays to Prevent and Resolve POA Disputes When a person makes a Power of Attorney document (POA), they give decision-making authority to another person or people. The people named in the POA document to have decision-making authority are called attorneys. These attorneys are not usually lawyers – in the POA context, the term attorney simply means the person with legal
Continue ReadingPrescribed By Law: Duties of Attorneys for Property The duties of an attorney for property are prescribed by law. The law comes from statutes (legislation passed by provincial or federal government), regulations (which accompany legislation and which give further details or expand upon provisions in the legislation); and case law (judge-made law). What’s my point? Most attorneys for property are
Continue ReadingCapacity Assessments: Capacity is decision-specific. The critical question is always, capacity to do what? A capacity assessor will typically determine whether someone has capacity to do any or all of the following: capacity to make a Power of Attorney (POA) capacity to manage their property capacity to make their own personal care decisions capacity to make a Will Capacity assessments can
Continue ReadingAppointing Your Power of Attorney for Property: The attorney for property and the attorney for personal care serve very different functions. You should choose the right person for each role. This decision should not be made lightly. The attorney for property (does not have to be and usually is not a lawyer, despite the use of the word “attorney” in
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