Challenging Power of Attorney Documents and Acting for Partially Capacitated Donors
This paper reviews the test for capacity for enduring powers of attorney, and discusses issues of intention, coercion and duress, and undue influence. It also considers challenges for lawyers representing a partially capacitated donor, including issues related to retainers, instructions, ethical considerations, and payment of legal fees.
This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.
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