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.
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.