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Challenging powers of attorney based on undue influence

Tuesday, September 04, 2018 @ 8:54 AM | By David Freedman

Power of attorney disputes are difficult pieces of litigation. The “donor” of the POA is often an older adult who is frequently frail or mentally incapable or both when the dispute arises. The litigants are usually family members battling for judicial recognition as the donor’s legitimate substitute decision-maker. Allegations of bad behaviour are common, emotions run high, and everyone involved claims the high moral ground of acting in the best interests of the donor.

How the law goes about resolving these disputes speaks to balancing the...