Dispute between siblings over a parent's power of attorney
Mediation or litigation of a disagreement among adult children about who holds a power of attorney and how it is used.
What is included
- Explains who can make decisions and the duties they owe under the Substitute Decisions Act, 1992
- Prepares guardianship applications, management plans and guardianship plans
- Asks the court to give directions to, review the accounts of, or remove an attorney or guardian
- Deals with the Public Guardian and Trustee
- Responds to banks or institutions that refuse to accept a valid power of attorney
What is not included
- Capacity assessments, medical reports, court fees and other disbursements
- Financial planning or investment advice
- Steps beyond the scope confirmed in writing, such as an appeal
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Family members seeking authority to manage a loved one's affairs
- Attorneys and guardians who need directions or court approval
- People concerned about how an attorney is acting
Information to have ready
- 1Powers of attorney, guardianship orders or capacity assessments
- 2Records of the person's assets, income and expenses
- 3Names and contact details of family members entitled to notice
- 4Any accounts kept by the attorney or guardian
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$650/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Who is the lawyer's client when a family asks for help with a parent?
Usually the older adult is the client, and the lawyer takes instructions from them in private. Family members may be asked to step out so the lawyer can confirm the person's own wishes.
What happens if there is no power of attorney?
For health care decisions, Ontario's Health Care Consent Act sets out who may decide, usually starting with a spouse or partner if there is no guardian or attorney. For finances, a family member may need to apply to become a guardian, or the Public Guardian and Trustee may become involved.
What is the Consent and Capacity Board?
It is an independent Ontario tribunal that hears applications about capacity, consent to treatment, admission to long-term care and involuntary admission to a psychiatric facility.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; questions of capacity and care are decided by assessors, tribunals or the court
- Where the older adult is capable, the lawyer must follow their instructions, even if family members disagree
- Urgent safety concerns should be reported to police or other authorities right away
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