cover image: A harmonized approach to elder financial abuse in powers of attorney legislation / : Conception harmonisée de l'exploitation financière des aînés dans la législation sur les procurations

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A harmonized approach to elder financial abuse in powers of attorney legislation / : Conception harmonisée de l'exploitation financière des aînés dans la législation sur les procurations

24 Oct 2014

Careful measures surrounding the creation of powers of attorney and the conduct of the attorney can assist in the prevention of financial exploitation. [...] EXISTING PROVISIONS AS POTENTIAL SAFEGUARDS [19] For this part of the analysis, we can look at provisions relating to, for instance, the creation of the attorney–donor relationship and the formalities required; the expression of the duties of the attorney; requirements for accounting; and questions of interaction with a public office such as a public guardian and trustee. [...] The same can be said of the power of attorney provisions relating to personal care in the Infirm Persons Act.10 At the other end of the spectrum is the Yukon Enduring Power of Attorney Act11, which contains detailed and quite specific rules for the creation of an enduring power of attorney, including legal advice and the inclusion of a prescribed Schedule of explanatory notes. [...] Some jurisdictions—for example, BC, Manitoba, Ontario, and Saskatchewan, and the Yukon contemplate the potential involvement of the Public Guardian and Trustee to a greater or lesser extent throughout the process of creation of a power of attorney (which, in some jurisdictions, can expressly designate the Public Guardian and Trustee as attorney) and oversight of the relationship. [...] What is essential is that there can be no room for argument on the part of an attorney that he or she was unaware of the nature of the duties conferred by the power, and that the interests of the donor are the only interests that will govern the attorney’s conduct.
government politics crime civil law common law criminal law fraud government information jurisdiction law contract victim power of attorney older people abuse court crime, law and justice judiciary trial (court) ethical principles fiduciary capacity (law) powers of attorney fiduciary relationship

Authors

Nayyer, Kim

Pages
29
Published in
Ottawa, Ontario

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