If you are worried that an attorney may be mismanaging the grantor's affairs, here are some things you can do:
- Request an accounting from the attorney: If the attorney charges a fee, the attorney must provide an annual account to the grantor. Even if the attorney does not charge a fee, the grantor may demand an accounting at any time and is entitled to receive it. If the grantor is incapacitated, a person named in the power of attorney or an adult family member, if no person is named, can request an accounting.
If the attorney does not comply with this request, the Public Guardian and Trustee (PGT) may direct the attorney to account. If the attorney fails to provide an accounting, the Court of Queen's Bench may direct the attorney to provide one on the application of the grantor, a family member, a designated adult, an interested person or the Public Guardian and Trustee.
- Agree to be the property guardian of the grantor: The Adult Guardianship and Co-Decision Making Act describes the process for appointing an adult property guardian. Any person with sufficient interest in the financial welfare of the adult (including family members) or the PGT may make an application to become a property guardian. The appointment of a property guardian terminates an enduring power of attorney.
- An "interested person" can apply to the court for termination of an enduring power of attorney if there is evidence that the attorney is abusing her or his position.
- Criminal proceedings: In certain circumstances, an individual may bring a complaint to the police if there is evidence of an attorney's fraud, theft or other criminal activity, such as the attorney knowingly continuing to act even after the enduring power of attorney has ended. Section 331 of the Criminal Code of Canada provides that “Everyone commits theft who, being entrusted with a power of attorney for the sale, disposition of property, fraudulently sells or disposes of the property or converts the proceeds, to a purpose other than that in the power of attorney”.
- Call the Public Guardian and Trustee (PGT): The PGT may be able to help a concerned individual secure an accounting, investigate allegations of financial abuse, or may agree to become an incapacitated grantor's property guardian.
Any grantor who is mentally competent can revoke an enduring power of attorney she/he has signed: