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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I believe my father in law has been a victim of financial

Customer Question

I believe my father in law has been a victim of financial abuse. His care giver of two years is now executor of his will and my husband his only son is not listed or entitled to anything in the new will. He is in the hospital on his death bed and my husband cannot even get a call about his condition. And to top it all off the man is still alive and we contacted the police after the neighbour's of my father in laws house told us stuff was being removed. The police told us "she is the executor and we have no grounds for a complaint"
We visited a local orangeville family law lawyer that told us there's nothing we can do until my father in law passes away.
Help!
Submitted: 12 months ago.
Category: Canada Law
Expert:  Legal Ease replied 12 months ago.

Is your father-in-law mentally competent?

Is there a power of attorney?

Customer: replied 12 months ago.
she has made herself the power of attorney I believe. And he is incoherent in the hospital.
Customer: replied 12 months ago.
The hospital staff refuse to answer any of our questions about his condition as per her request
Expert:  Legal Ease replied 12 months ago.

She cannot appoint herself as power of attorney. Only he could do that if and only if he was mentally competent. And she is not next of kin unless she's a common-law spouse. Therefore, you should speak to the director of the hospital at once and state that this woman is simply a caregiver, that your father-in-law is mentally incompetent and cannot appoint her as a power of attorney even if she says he did and that you will sue them if they prevent you from contacting your father-in-law.

At the same time you should consult with a lawyer face-to-face with a view to retaining the lawyer to seek an emergency order preventing the caregiver from removing things from the home.

The police are entirely incorrect and it does not matter who the executor is in terms of dealing with the belongings until your father-in-law dies.

But you are clearly going to have a fight on your hands anyway and you will need a lawyer because of the Will so it's best to get one now.

Customer: replied 12 months ago.
I did consult a Lawyer...Nothing I can do because she has been appointed as POA by my father. As well as because he is non coherent. We can't talk to him. I have wait until death and contest the Will.
Expert:  Legal Ease replied 12 months ago.

The lawyer is not correct. You can get an emergency order declaring him to be incompetent and appointing your spouse as his legal guardian.

Customer: replied 12 months ago.
to proceed. Even though the lawyer we spoke to said today we cannot contest anything until after he deceases. There's an order we can ask for before he passes?
Expert:  Legal Ease replied 12 months ago.

The lawyer clearly does not know this area the law. You need a lawyer that does litigation law or lawyer that specializes in elder law.

Customer: replied 12 months ago.
Ok. We will find one in our area. And they can put a stop to money withdraws or property being disrupted out?
Expert:  Legal Ease replied 12 months ago.

If you get this order all that will be able to be stopped at once by you.

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