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Digest of the Week | Power of Attorney for Property

Power of Attorney for Property


Menno v. Menno | 2018 ONSC 2497 | Ontario Superior Court of Justice


Power of attorney -- Types -- For property -- Miscellaneous


Father made respondent daughter his attorney for property and personal care, and she was also named co-executor of estate in will, along with applicant son -- Daughter moved into father’s home and took care of him -- As attorney daughter transferred title to father’s home to her daughter, claiming she made transfer at father’s request because he did not want to be pestered by son about selling property to him -- No consideration was given for transfer, but within month of father’s death title was transferred back to estate -- After father died house was sold and daughter distributed proceeds among beneficiaries of will, and she distributed proceeds from various investments -- Son applied for order requiring daughter to pass her accounts for estate and for use of power of attorney -- Application granted -- Daughter did not act with intent to enrich herself or her daughter at expense of her father and his heirs, and she acted to spare father from emotional upset -- Daughter did not keep proper records as she was going along, but she supplemented her own records with records made independently by various financial institutions, and she gave detailed explanations to best of her ability -- Daughter provided plausible explanations for amounts spent -- When father died his net worth was more than it had been when he gave power of attorney, even setting aside increase in value of house, which was very telling, and there was no reason to suspect any wrongdoing or negligence on part of daughter or to disbelieve her uncontradicted evidence -- Records did not meet standards required of attorney by Substitute Decisions Act, 1992, but daughter had earned entitlement to compensation, and she was awarded $10,000 in addition to $5,000 she had already received.
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