What is Vancouver BC power of attorney abuse in elder abuse cases? Given the millions of dollars that wealthy elderly parents will transfer to their children, Vancouver power of attorney abuse is a huge issue and often family member’s fail to take steps to protect the millions owed to them. Lorne MacLean KC founder of our Vancouver power of attorney abuse lawyers and estate litigation dispute lawyers will help you act urgently to help protect beneficiaries and your elderly parent so all members of the family unit is protected. Predators who commit Vancouver Financial Elder Abuse need to be stopped and punished. BC Financial Elder Abuse must end.
MacLean Law’s top family law and estate litigation lawyers can help protect you and your loved ones. We handle all types of estate litigation disputes.
What is Vancouver Power of Attorney Abuse?
Vancouver BC Power of attorney abuse cases involve a legal claim:
a) by the person who granted their power of attorney; or
b) more often by a potentially excluded beneficiary who makes a claim against the family member or caregiver who was granted a power of attorney and who then acted contrary to best interests of the person who trusted them.
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Power of attorney abuse, fraud and BC Financial Elder Abuse cases are sadly part of BC Financial Elder Abuse. Often the person controlling a power of attorney takes advantage of an elder senior for their own monetary gain. Given the billions to be transferred by baby boomers top Vancouver Power of Attorney Abuse lawyers need to be involved early to protect hapless and innocent beneficiaries of an estate.
Power of attorney abuse can include:
- Fraud
- Forgery
- Theft
- Misappropriation of monies in a bank or stock account
- such as outing a property in joint names or their own name
- Self-dealing
- Breach of Fiduciary Duty
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It’s often obvious that power of attorney abuse has occurred, when financial records show that the person appointed as the power of attorney profited directly by taking advantage of the person who granted them the Power of Attorney.
Clearly, a power of attorney is not allowed to directly gain anything, when acting with their power of attorney. BC law dictates that that the person given the Power of Attorney is only to act in and for the best interest of the person granting the Power of Attorney. The moment this person acts in a way that results in their own personal gain instead of the person granting them the POA it’s time to investigate whether they have committed a breach of their fiduciary duty.
BC Financial Elder Abuse Case Example 1 877 602 9900
In Taylor v. Sinclair, 2017 BCSC 10, the court held the defendant breached her fiduciary duty owed to her deceased mother when the defendant used a power of attorney instrument to transfer to herself the deceased’s long-time home, which she then used to secure and fund the purchase of another property. The court held the specific power of attorney instrument did not give the defendant the authority to make the transfer. The court held the entire beneficial interest in the new property was held in trust for the estate of the deceased and explained:
[58]A fiduciary who breaches his or her duty cannot benefit from the breach. He or she cannot use the position for personal advantage: Strother v. 3464920 Canada Inc., 2007 SCC 24 at paras. 74-76, Kask Estate v. Welsh, 2000 BCSC 791 at para. 24. If the fiduciary does so, he or she is accountable to the donor for resulting profit: Strother, Houston v. Houston, 2012 BCCA 300, at para. 54. For this reason also Ms. Sinclair cannot succeed in her claim to hold part of the beneficial interest in the Williams Road property. I note in this regard that no claim against Ms. Sinclair is made in respect of the benefit she received as a result of living in the home and using its equity for her own purposes.
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