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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100008
Experience:  Lawyer
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My father is 86 years old and has dementia. I was made s

Customer Question

My father is 86 years old and has dementia. I was made his Power of Attorney 15 years ago but never received the copies of same. His lawyer is making me jump through hoops to obtain them. Am I entitled to the PA's as I must put my dad in a care facility. Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province are you in, please?

What do you mean when you say that the lawyer is requiring you to jump through hoops?

Customer: replied 1 year ago.
Ontario. He is asking me to prove who I am although I live 3 hours away by getting some\ething signed by my bank manager. Should I not have received the PA's at the time they were signed?
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

You have the right to receive the POAs, but the lawyer is correct in that he has to protect your father and so cannot possibly send these documents to anyone unless he is positive that he is sending them to the correct person.

You should be able to provide copies of photo ID for the lawyer. Perhaps you can provide them by way of fax or email, or perhaps you can even facetime or skype with this lawyer.

The lawyer owes your father a duty of care and the lawyer is simply trying to exercise his duty of care in the best possible way. He is required by law to exercise due-diligence, which is all he is doing here.

Do you see what I mean?

Customer: replied 1 year ago.
Can he not send these to my father?
Expert:  Debra replied 1 year ago.

If your father is no longer competent he cannot possibly send them to your father. He can only send the POA forms to the person appointed under the POA when that person provides the lawyer with appropriate ID.

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