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Issues With Power of Attorney

Overview

What happens if my personal and property attorneys disagree?

If your personal and property attorneys disagree, the decision involves spending money, and it is not clear from the power of attorney who is supposed to make the decision, the property attorney has the final say. In the alternative, one or both attorneys can ask a judge, via a court application, to decide.

Please see the Public Legal Education Association of Saskatchewan (PLEA) website for more information.

Can anyone review the decisions my attorney is making on my behalf?

Your attorney must provide you with a detailed report of their actions and decisions whenever you ask them for one. This report is called an "accounting." If you lack mental capacity, any person you have named in your power of attorney for this purpose can ask the attorney to provide an accounting. If you haven't named such a person, an adult family member can ask for an accounting. Also, if you have named both a personal and property attorney, each can ask for an accounting from the other. Finally, the Public Guardian and Trustee can request an accounting if he is asked to do so and considers it to be necessary and in the public interest.

If the attorney neglects or refuses to provide an accounting when asked for one, they can be taken to court by you (the grantor), any other person entitled to receive the accounting, or the Public Guardian and Trustee.

As of 2015, your attorney must also render a final accounting when you pass away, cancel your power of attorney or when your power of attorney is terminated for some other reason.

Please see the Public Legal Education Association of Saskatchewan (PLEA) website for more information.

What happens if my attorney acts improperly?

If your attorney abuses their authority, an "interested party" may ask a judge, via a court application, to revoke their authority. The individual who takes over your affairs can sue your attorney and try to recover money or "damages" from them to give back to you. If your attorney has committed fraud or appears to be guilty of theft or some other offence, the police or RCMP may bring criminal charges against them.

Please see FAQs – Ending a Power of Attorney for more information.

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