My mother is in a retirement home in Richmond Hill, and Last June I flew to Toronto from BC to August I given POA along

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear Of this difficult situation.

Did your mother sign two separate power of attorneys. Was one for care and one for finances?

If so are they continuing power of attorneys that were supposed to be triggered when she became mentally incompetent?

I could not answer because you opted me out. In fact I had drafted an answer and it got lost when you did that.

Do you want me to provide an answer today and you can reply back when you like?

Your nephew is clearly not acting in the best interest of your mother. It is likely the case that your nephew is considering his own pocket but in any event to deny a daughter the right to speak to her mother is incredibly telling. Because what he is doing is denying your mother the right to hear from you. That is cruel.

Most would consider this to be a strong form of elder abuse. There's likely financial elder abuse elder abuse as well.

Your best next step, for this reason would be to retain a lawyer In Toronto or in Richmond Hill. That lawyer can bring an application to the court to have your mother declared mentally incompetent and appointing you as her legal guardian. This would void all powers of attorney and you would be in charge of her finances and her care which would clearly be in her best interest.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

***-***-****

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work. But the post won't close and I will be here for you whenever you need me.

Thanks and take good care.

I think that you should call the bank and tell them that you hold a power of attorney and that you wish to exercise it in terms of finding out information. Anyone could have more than one power of attorney. The only time a power of attorney would not be valid is if your mother revoked it.

All we can do is proceed to get a court order or at least retain a lawyer to threaten a law suit.

You wouldn't be suing him in the traditional sense but you will be suing to get appointed as your mother's legal guardian.

They won't notify you unless your nephew tells them to because right now he is in charge.

The bank doesn't find out until you get the order and then you serve a copy on them.

The court order appointing you as legal guardian.

If there is no Will then you can apply to administer the estate but that will be hard from outside the province.

No it doesn't mean the revocation is void. It was just not a prudent way to go because you could have acted under the POA if you didn't know about the revocation.

Yes exactly.

When your mom dies the executor takes over.

Correct.

They won't.

Yes he does.

Probate is not necessary for joint account though. If Robert was smart and devious he would' have gotten your mother to sign right of survivorship and he will take the money and run as it will become his.

Could you please start a new post for this new question. The truth is I just get paid once per post and the pay is really nominal so I would love to at least get paid a second time. You have so many questions here. And you don't get charged for starting a new post because you have a subscription.

Thanks

I don't really know how the rating works but you can just start a new post anyway.

Hi, this is Counsel Creed. If I understand your post correctly, your new question is: "what is right of survivorship?" You also wonder whether "one can draw it up"? The answer is NO, one cannot draw up the right of survivorship. The right of survivorship is derived from the type of co-ownership of a piece of real estate. If two or more people own property as joint tenants - upon the death of one of them, his/her share automatically goes to the surviving joint tenant and does not form any part of the deceased's person estate. If the co-owners want to avoid this happening upon the passion of one of them, they must register their title in the Land Titles as common tenancy. There is no right of survivorship in common tenancy, but rather, upon the registration the ratio of their respective ownership is also specified (50/50; 60/40; 70/30, or any other ratio). When one of them dies, his/her share of the ownership goes to his/her estate and gets divided between his/her beneficiaries, either pursuant to his/her will, or by way of an administration of his/her estate (if there is no will left)

Hi again. Do you have more questions for me?

That is absolutely fine.

I am awfully sorry but I do not know of such sites. I would take the same steps you have been taking.

Let me figure this out for you. Thank you.