Saturday, October 8, 2016

My cousin and the Power of Attorney Act

There it is:

19(3An attorney must do all of the following:
( ato the extent reasonable, give priority when managing the adult's financial affairs to meeting the personal care and health care needs of the adult;
( bunless the enduring power of attorney states otherwise, invest the adult's property only in accordance with the Trustee Act;
( cto the extent reasonable, foster the independence of the adult and encourage the adult's involvement in any decision-making that affects the adult;
( dnot dispose of property that the attorney knows is subject to a specific testamentary gift in the adult's will, except if the disposition is necessary to comply with the attorney's duties;
( eto the extent reasonable, keep the adult's personal effects at the disposal of the adult.

My cousin managed to break four of these terms.  I do not know about (b).

For those that have not read my posts about my cousin who put my aunt in a nursing home/assisted living home on numerous occasions from 2014 to 2016 (see (d)) in an attempt to sell her home from out from under her so that upon her death her home no longer existed.  Her designated beneficiary was her church.  He did not consult with her.  He also did not consult with her honestly when he arranged to dispose of my aunt's car which was in excellent condition although it was 50 years old.  It was not a pile of junk which is what he told my aunt. 

I blame the lawyer, Debra Burden, who drew the power of attorney who did not impress on my cousin what his duties were.  She should have had him sign off on the above clause.

The most important part of this is (c) he cannot do anything unless my aunt is aware of whatever he is doing.  She was and is competent.  He cannot go behind her back.  How dare he.

I would like to know why the Public Guardian and Trustee did not rescind Allan Barton's power of attorney. 

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