The Resistant Grantor: Best Practices and Ethical Considerations for Attorneys

This paper explores ethical and legal issues related to preparing, executing, and acting pursuant to a power of attorney. It discusses how to deal with a grantor resistant to having a power of attorney. It also provides considerations for lawyers when dealing with attorneys and financial institutions. Finally, the paper reviews recent Alberta case law dealing with power of attorney issues, highlighting some general principles that arise from the case law.

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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