Power of Attorney and Guardianship Disputes

Careful estate planning includes preparing for the possibility of future incapacity. Even the best laid plans can run into obstacles, however. Questions can arise respecting whether someone is incapable, whether powers of attorney (POAs) are valid and by whom and how decisions should be made. Allegations of misconduct by powers of attorney and guardians can also arise.

Our firm’s focus in our elder law practice is the enhancement of personal autonomy and the participation of individuals in their own decision making. When disputes arise, we have considerable experience in finding practical solutions that are respectful of the needs and wishes of older and allegedly incapable adults while avoiding litigation.

When litigation is needed, we are well-seasoned. We act frequently for family members and for persons alleged to be incapable in proceedings brought under the Substitute Decisions Act, 1992. In addition, the Public Guardian and Trustee has appointed lawyers in the firm to represent alleged incapable persons under section 3 of the SDA on numerous occasions.

Representative Cases

• Bailey v. Bailey, 2009 CanLII 72071 (ON SC)
• Belzowski v. Fruitman, 2010 ONSC 4634 (CanLII)
• DeMichino v. DeMichino, 2011 CarswellOnt 742 - varied on appeal
• Furfari et al. v. Furfari et al., 2015 ONSC 1157 (CanLII)

To speak with a lawyer respecting a power of attorney or guardianship dispute, please call us at (416) 362-1234.