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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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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?