McLeod Law

403.278.9411

‍403.271.1769


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The convenience of two offices (downtown and south Calgary) makes it easier to meet with your lawyers.

Calgary South

300, 14505 Bannister Road SE
Calgary, AB T2X 3J3

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Calgary Downtown

Centennial Place, West Tower
Suite 2110, 250 – 5th Street SW
Calgary, AB T2P 0R4

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Notable Work

Protecting yourself from your own family

A case of elder abuse and fraud

Shelley Waite assisted a client whose brother had fraudulently transferred properties to himself, as the designated power of attorney (POA) of their parent. The brother had the parent sign two transfers of land, putting all of the parent’s real property into the child’s name after the parent was found to have lacked capacity. To make matters worse, the child then took funds from the parent. We successfully obtained proof and were able to replace the child with another family member as trustee.

Details

After challenging the child’s actions and asking the child to account for them, we obtained proof of timelines of their actions and successfully challenged the child’s appointment as attorney. Once another family member was the trustee, we reversed the fraudulent land transfers. We were unable to collect on the stolen funds had already been spent. After the parent passed away, we were able to continue the action and collect the funds through the process of estate administration.

This is a sad case of elder abuse by a family member and, unfortunately, we see many similar situations with elderly Albertans. With proper estate planning, building in checks and balances, and insisting on obligations to report to family in the event of incapacity, we can help give our clients peace of mind as they age.

Results

In the end, our client saw the following results:

  • Successfully proved the parent’s incapacity
  • Proved that the son had been stealing from the parent
  • Reversed the property transfers
  • Terminated the child’s power of attorney of the parent
  • Replaced the child as guardian and trustee of the parent
     

Our wills, trusts and estates lawyers can help with pre-planning or when a problem arises. We work toward building and administering our clients’ plans. We pride ourselves on offering our clients options through thoughtful planning and help mitigating potential abuse.

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