Ask a Lawyer: Adult Guardianship and Trusteeship

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Power of Attorney

Frnm Lanm (Cochrane)

As eldest of 7, I was named Personal Care Director for my mother well in advance of her incapacity with Alzheimers. I've managed her in-home care for several years. Her husband retained power of attorney, my step-father, who became deranged during the fluvid mandates, was diagnosed with neuro-degenerative Parkinsons. Step-brother similarly estranged, took him to a lawyer and changed the will and PA into his control. He appears to now be abusing the trust and funneling monies away from the estate. This step-brother is making moves to sell all assets and dump my mother in the drool-house. I guess I shouldn't hope for too much, this same person "surreptitiously" had my mother injected against her express will & life-long practice, evading my overwatch. Not much hope dealing with someone like that I suppose. What rights do I have and how do I proceed to block this action and protect my mother's wishes? Thank you

0 5 months ago - edited 5 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

This is a very complex situation and not one that anyone on this forum can advise you about on a public website. I recommend you contact a lawyer to get specific advice in a confidential setting.

There are provisions in the Powers of Attorney Act to challenge the actions of an appointed Attorney. You can also file a complaint with the Office of the Public Guardian and Trustee:

https://www.alberta.ca/complaints-about-decision-makers


0 4 months ago - edited 4 months ago

Frnm Lanm (Cochrane)

Thank you for your response Dawn, I will do so, I gather this is your area of expertise? One easy question: is it a crime to force someone to undertake a medical procedure against their will? If so how do I proceed? Complaint with RCMP?

0 4 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

@Frnm Lanm: Again, this is something that needs a private conversation with a lawyer to go over the specific circumstances. There are too many pieces of legislation that MIGHT be applicable, so there is no way that someone on a general information website can guide you properly. I strongly recommend you contact a lawyer.

0 4 months ago

Frnm Lanm (Cochrane)

@Dawn Nelson: Thank you Dawn, are you that lawyer or could you recommend someone who is? Thanks

0 4 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

@Frnm Lanm: Yes, this is one of my areas of practice, but I am in Edmonton and, if you were to need court action, it would be in Calgary. Often there are nuances in practice from place to place that may make a difference in the way a case is handled, even though we are all operating under the same laws. You may want to speak to someone local. If that is the case, you will find the directory of lawyers in the top left corner of this website where you can filter by practice area and geographical area.

0 3 months ago

Frnm Lanm (Cochrane)

@Dawn Nelson: thank you Dawn

0 3 months ago

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