A power of attorney is placed in a position of great trust. The assignment gives this individual the authority to make decisions on behalf of another person who may or may not be in a state of mental incapacity. Those decisions must be in the best interests of the person the attorney is representing, and not be self-serving.
When an attorney is suspected of abusing his or her authority in British Columbia, legal action is possible. The ensuring litigation may be personally difficult for those involved but can result in a fair assessment of the attorney’s activities. Laughlin & Company Lawyers Mediators has a significant history in estate litigation, and our Port Coquitlam firm represents Tri-Cities clients in all forms of estate litigation.
Boundaries Of Authority
Powers of attorney are common and often recommended components of an estate plan. Unfortunately, in some cases, an attorney deliberately acts unethically or does not respect the boundaries of his or her authority. Often, the person on whose behalf the attorney is acting is in a vulnerable position. He or she is dependent on the goodwill of the attorney in order to have access to money and property. The attorney, on the other hand, may see little problem in using his or her authority to access funds and make transfers for a self-serving interest.
Our lawyers in Port Coquitlam represent plaintiffs and defendants in power of attorney abuse cases. Our history as litigators and training as mediators allows us to offer clients different ways to resolve abuse of power of attorney cases. The issues are often deeply personal with the mental capacity of a close family member of central concern. We offer out-of-court resolution as well as trial options for clients.
To learn more about your options as power of attorney or someone who wants to challenge an attorney’s authority, contact our office. Call the firm at 604-239-0800 or get in touch online.