How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98438
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
Type Your Canada Family Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

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: 9 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 9 months ago.

What province is this please?

Is there a continuing Power of Attorney for finances?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
There is no POA
Customer: replied 9 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 9 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.

Related Canada Family Law Questions