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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My brother has a power of attorney document that was swt up

Customer Question

My brother has a power of attorney document that was swt up by an Ottawa lawyer who had no right to practice law in Aylmer, Quebec where my father resided. The papers show that he has no health or financial rights as this is not specified in the POA. My brother moved my father to Ottawa so the papers would be legal and put him in the Pearely Vets home. My brother then took over all my fathers finances and and health care after telling me that he is jealous of me. My brother lives in Vancouver, I live in greater Ottawa. The law says I am supposed to be in charge of my father as live here. What can I do.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: This is in Canada, sorry you may not be able to help then
JA: What documents or supporting evidence do you have?
Customer: A copy of the Power of attorney that my brother has. My father's girl fiend had taken my father to a lawyer in Ontario Canada. The lawyer did nit have the right to practice law in Quebec where my father lived. She wanted my father's prperty
JA: Anything else you want the lawyer to know before I connect you?
Customer: property but has passed away and therefore is not entitled to it. I went yo an ontario lawyer but he was afraid of my brother's lawyer so he did not help much. My brother has the will and he claims he will handle the property when my father passes. He refuses to follow the will also as it is 50 50, but my brother has taken all of my father's assets and will not divide them he tells me. my brother was on the POA as the second name. My father has alzhiemers and was unable to understand what the lawyer did in my opinion.
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am sorry to hear this.

Are you saying your father is not mentally competent now and was not competent when he signed the POA?

Customer: replied 1 month ago.
he did not know what was going on. But I don't know how to prove this. He could not be left alone or make food or take care of himself at the time of signing. He never left the house as he could not find his way back. His girl friend had low blood pressure and had just had a stroke. i beleve that she may have just gotten out of the hospital after her stroke or the lawyer visited the hospital to get the POA signed. The girl friend wanted to control eveything and wanted me out of the way. I did not know what she pulled at that time.
Expert:  Legal Ease replied 1 month ago.

So firstly the POA is not likely valid because your father was not mentally competent. It has nothing to do with the lawyer and in fact because of mobility laws all lawyers can practice in any province regardless of where we are licenced.

But in any event, even if the POA is valid your father's girlfriend is not acting in your father's best interests because she cannot benefit in any way from being appointed under a POA so if she has taken his assets this is elder abuse and fraud.

For this reason you can apply to the court for an order declaring your father to be incompetent and appointing you as his legal guardian. When that happens all POAs are void and you would be the person to make all decisions about his care and finances.

That does not give you authority with respect to the Will. It has no relevance until your father dies and then the executor of the Will takes over.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
I guess I will need a good lawyer in Ottawa. I checked the upper canada law society web site a few years ago but they just state that they don't do anything. you just fill out a complaint and they send them the complaint. They send the complaint to the lawyer who you are complaining about and they have the choice of answering me or not. Nothing is done by this society. I had to give up if they don't do anything.
Customer: replied 1 month ago.
thank you, ***** ***** help. The lawyer i had said because my father had signed it that the courts would not do anything. I thought that he was wrong.
Expert:  Legal Ease replied 1 month ago.

You do need a good lawyer and then you will be able to rectify this situation.

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