Often, as members of our family age or encounter health problems, they need assistance in managing their personal, financial and legal affairs. Unfortunately, they are placed in a position that is also vulnerable to financial and emotional abuse or neglect by others. When a person, such as an attorney under a Power of Attorney or a legal representative under a Representation Agreement, is entrusted with the care of another, the caregiver should act in the best interests of that person. In doing so, the caregivers must fulfill certain legal duties called fiduciary duties that are required of them to ensure the proper care of their ward. The duties and powers of these various individuals may be set out in legislation, such as the Power of Attorney Act, Representation Agreement Act or Trustee Act, or at common law or “judge made” law.
We are able to advise and represent you in matters related to the care of others, including the following situations:
- If you are a caregiver and you are unsure of what fiduciary duties you must fulfill;
- If another has alleged that you as a caregiver have not fulfilled your fiduciary duties and you need to know your options in responding;
- If you suspect an elderly person is being physically, emotionally, or financially abused by another person and you need to know your options;
- If you suspect a caregiver is breaching his or her fiduciary duties towards the person they are caring for and you need to know if you or someone else can intervene; and
- If a person has authority over the care and control of another person and you want to challenge their authority to act on behalf of that person.
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