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Legal Ease
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Category: Canada Family Law
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If a cognitive test conclusively reveals early onset

Customer Question

If a cognitive test conclusively reveals early onset dementia in a relative, how does one go about establish control over that persons financial affairs if the person is resistant?
Submitted: 3 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 3 months ago.

What province is this please?

Is there a continuing Power of Attorney for finances?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
There is no POA
Customer: replied 3 months ago.
I guess what Im need to know: Is there a process when the person in question is resisting a POA for finances?
Expert:  Legal Ease replied 3 months ago.

What you need to do is you have to apply to the court for an order declaring this relative to be mentally incompetent. At the same time you would apply for an order appointing you or some other family member as legal guardian.

That will give you or whomever else is appointed as legal guardian the right to make all decisions for this relative.

To be able to get the court to declare this relative incompetent the relative has to be assessed by a competency assessor on the government's list of recognized competency assessor's for this legal process.

This is very complex and your best next step, without a doubt, should be to consult with a lawyer who has experienced in this area of law face to face with a view to retaining the lawyer to assist you in this matter.

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