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 Tom B. Your Own Question
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
Type Your Canada Law Question Here...
Tom B. is online now
A new question is answered every 9 seconds

My mother,an Alberta resident, 89 years, granted a Power of

Customer Question

My mother,an Alberta resident, 89 years young, granted a Power of Attorney to my brother. Her family lawyer refused to execute the document for diminished capacity reasons but brother found one that would. See below. Mother sold her house for $495G's, She and she alone had clear title to the home..Brother set up joint account with Mum with the proceeds. (Dual signatures required). Bank has POA on file.They have refused access to it. Mum's existing( established est 10 years ago) will has me & brother as beneficiaries, 50% each. His actions have effectively negated the will.
Mum has repeatedly claimed to the bank & to brother that she did not want a joint account established and wants to have it it her name alone. No action can be done by bank. Any attempt to mediate this situation has been met with stalling tactics, attempted forcible confinement of Mum , break & enter of a private vehicle, profanities.
It seems that the enduring POA form I have downloaded has at least 3 points which are being violated Financial gain of POA holder ? Does the above qualify ?
Co-Owning of Assets. A joint account must qualify
Help !!!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is your mother mentally competent right now?