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

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Customer: 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 with my nephew Robert .
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Ontario. Sorry, I did not mean to send the last paragraph was trying to sort out some details. The fact is that POA was given at a meeting with the bank of Nova Scotia asst. bank manager. I flew back to BC in September. My mother at that time was in independent living at Richview Manor but over the months it became clear she needed more services. Robert came by frequently to do her shopping etc. and by around November she went back to the bank with Robert and named him sole power of attorney. Since then he has been in full control. SHe was admitted to the hospital for a month in December after talking suicide. In January 2020 Robert admitted her to Sunrise of Richmond Hill that includes memory care.
JA: What documents or supporting evidence do you have?
Customer: All I have is the initial POA that she signed on August 13, 2019 in a meeting with the bank manager, Bank of Nova Scotia. Since 2020 Robert has taken full control , withheld her personal phone numbers, cards and letters from me, and issued directive that anyone calling should be directed to call him first. One week ago he included me which means that now I cannot even speak to my mom. He feels threatened because since last November she everytime I speak to her she says she made a mistake, that she wants him off POA, and her joint bank account, and begs me to help her. Unfortunately she bad mouths him a lot but her mental capacity is in a grey zone right now. Often she is very lucid but yes has short term memory problems. With POA does Robert have the right to dictate who she speaks to? Does she no longer have any rights, even to talk to her own daughter?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The monthly Sunrise bills amount to about 8,000 per month are paid thru her bank account. Robert as jointly named has full control of her finances. One GIC for $100,000 became due, another for $100,000 becomes due next August and two for $500,000 each are due August 2022. As long as the money is being used for her upkeep that is fine, but he has at least 30K excess per year . If she dies, I know she has no will, and I am pretty sure she has not named beneficiary on the GICs. Is there any way we can find out. I am especially concerned should she die what recourse do I have. I have two sons and would them to share in her estate.
Answered by Debra in 22 mins 2 years ago
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Debra
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Debra, Expert

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.

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Debra, Expert

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?

Customer
Sorry for delay. There are two separate poas. I don't know about the continuing power of attorney designation. The POP for finances from the bank just says it is no longer in effect if she dies.
Customer
I just looked at the wording on the POA and yes it does say that there are no restrictions and the poa may be exercised during any subsequent legal incapacity on her part.
Customer
Unfortunately my first call with Debra was interrupted by a technical difficulty and she has not responded when I finally answered her question. I see it is past 5pm in Toronto. I will connect again on Monday morning. Thanks.Customer
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Debra, Expert

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?

Customer
OK, send the answer today. Thanks.
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Debra, Expert

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.

Customer
Thanks Debra. I am definitely going to hire a lawyer and will check online and thru the law society. I have some more questions but will call again Monday as I have social obligations now.
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Debra, Expert

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.

Customer
Hi Debra, I am still waiting to get an appointment with a lawyer.
In the meantime a question. On August 13/2019 while at the Bank of Nova Scotia with the asst. manager, my mother named me joint POA with my nephew Robert. I flew back to BC to be with my partner and family. By November Robert managed to get sole POA. Fact is my mother has major trust issues and when I am not around can be influenced. Can I call the bank and ask the asst. manager, who we dealt with, when the POA was changed( I think this will be important as her state of mind and capacity when she did this would be important) also if my mother named a beneficiary to her GIC's which are worth over a million dollars. I am sure she didn't, and she doesn't have a will. I am just worried about what happens if she dies suddenly . Are the retirement homes obligated to inform her bank so that her assets are frozen? Of note, I know my mother got a friend to drive her to the bank sometime in December, she asked the asst.manager to remove Robert from her account, but she was upset and distressed trying to make the change and was told to come back again with Robert. That never happened as a few weeks later she was hospitalized.
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Debra, Expert

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.

Customer
I know she revoked it because Robert told me she had me removed, and when I tried to use my card or go online to the account neither would allow me access. So what can I do?
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Debra, Expert

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

Customer
Thanks for the previous answer. Getting a court order to remove the restriction re my phone calls to her is my aim. With regard to suing, what could I sue Robert for?Do you know what the laws are regarding death in retirement homes. In the case of my moms death are they required to notify only the power of attorney? I assume I can put in a request to the home that they be sure to notify me. Who is required to notify the bank upon her death.
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Debra, Expert

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.

Customer
How does the bank find out.
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Debra, Expert

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

Customer
You didn't specify what you mean by THE ORDER. Order from whom?
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Debra, Expert

The court order appointing you as legal guardian.

Customer
What I want to know is right now, with no POA, or Guardianship, if my mother died, how do I ensure that I get informed, and that the bank gets informed so her assets are frozen and go to probate where the estate will be settled. She has no will, and to my knowledge no beneficiaries on her GICs.
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Debra, Expert

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

Customer
Hi Debra. I read recently that under the Ontario Substitute Decisions Act ' A revocation of a power of attorney is not effective against the attorney or any third party (e.g. bank) until notice of the revocation has been received by that party. Consequently, it is a good idea to have a written document as evidence of your revocation to make sure there is no doubt as to your intention to revoke the power.' I had shared POA with my nephew last August and he told me in November he was now sole POA. I was blocked from the bank account, but never got a letter saying my POA was revoked. Do I still have rights as POA then?
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Debra, Expert

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.

Customer
My nephew has continuing POA. What happens if my mother dies? Does his POA end?
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Debra, Expert

Yes exactly.

Customer
He is also named joint on her bank account. Can he operate, perform transactions under the joint bank account after her death even though POA ends? Specifically there are GIC's in the account. Can he redeem them? He is not named as a beneficiary.
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Debra, Expert

When your mom dies the executor takes over.

Customer
Let me confirm,if he is not named as the executor (which he isn't as there is no will) then he cannot operate the account.
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Debra, Expert

Correct.

Customer
Thanks Debra. How will the bank know of my mother's death if my nephew does not tell them?
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Debra, Expert

They won't.

Customer
Does he legally have to notify the bank of her death?
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Debra, Expert

Yes he does.

Customer
Hi Debra, I finally talked to the asst. bank manager yesterday who told me Robert brought my mother in to the bank on Nov. th last year and had her sign a new POA. They also cancelled the old account and issued a new account where Robert is down as joint owner in the account and her GICs. ( The manager says I should get a lawyer and act really fast, because if my mother dies Robert automatically just owns everything. No need for a will or probate. He can just cash in and the money will be gone before we can do a thing. Is the manager right about this. You seemed to suggest if no will or declared beneficiary probate would be necessary. Thanks.
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Debra, Expert

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.

Customer
What is Right of Survivorship . Sounds like a separate document that one can draw up to ensure the person named has clear and complete rights to whatever funds, property , bank account remain upon death?
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Debra, Expert

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

Customer
I am happy to start a new post. When I select the rating to finish, it just goes to 'this site can't be reached. Just answer took too long to connect.; This has happened before. Can you help with this problem. Maybe I am doing something wrong. Thanks
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Debra, Expert

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

Customer
Sorry, but does this mean I should click on Request Another Expert?
Customer
IHow do I start a new post? It has been five days and I have not heard from anyone.
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Debra, Expert

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)

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Debra, Expert

Hi again. Do you have more questions for me?

Customer
Thx for your answer. No further questions right now but may have more tomorrow .
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Debra, Expert

That is absolutely fine.

Customer
Hi Council Crred, I am trying to choose a law firm/lawyer specializing in estate litigation in the metro Toronto area. I've looked on line and talked to two firms so far. I don't live in Ontario so difficult to get personal referrals. I can't seem to find much in the way of lawyer reviews except for lawyerratingz which doesn't cover many firms doing estate litigation and the one lawyer I know got 13 negatives , 12 positive reviews over 7 years, and only 2 relatively recent reviews. Is there a good site where I can find legitimate and current reviews?
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Debra, Expert

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

Customer
Thanks, ***** ***** there is not much out there. Btw if I want to start a new post so you get credit, Karen never explained how I do that. Perhaps you can, .
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Debra, Expert

Let me figure this out for you. Thank you.

Customer
I will close off and rate. Thanks for your help.
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