Author: Ryan Carroll, Law365 Summer Student
Abuse of the elderly is both appalling and unacceptable. One reason why the abuse is so jarring is that it can often be difficult to recognize. The abuse may only become apparent once the elder has experienced a shocking degree of neglect. The neglect can manifest itself through physical trauma and undue financial hardship. Not appreciating that there are legal safeguards and remedies to at least diminish the abuse that has taken place only exacerbates the issue. Listed below are three possible steps that can be taken to help ease the problems that arise from elder abuse.
Removal of Attorney
The role of an attorney is not a permanent position. Attorneys can be terminated from their role if they have been found to be neglecting their responsibilities. The mistreatment does not need to consist of complete neglect or theft in an amount equalling the value of the grantor’s assets. The level of mistreatment necessary to terminate an individual from their role appears to be much lower. Simply failing to act in the best interests of the grantor should be enough to justify the court in terminating the attorney from their role.
Order to Account
Attorneys can be compelled by the court to pass their accounts. The attorney would provide particulars for a given accounting period. The records can illustrate the quality of care or financial management the attorney has provided to the grantor. This description will allow the court to make a more informed decision as to whether the attorney should be terminated from their role. Seeking an order for an attorney to pass their accounts can be an important step in ultimately getting the court to conclude that an individual should be terminated as an attorney. That result can help put an end to the neglect and abuse experienced by your loved one.
Upon passing, individuals with a financial interest in the estate can seek an order for the estate trustee to pass their accounts. The order serves to ensure that the estate is not mismanaged. Prior to the estate being entirely depleted of its assets, this order can be a useful preventive measure against such circumstances.
Repay Stolen Assets
In the event that an attorney has mismanaged the funds of the grantor, or an estate trustee has stolen assets from an estate, the court can order that the stolen assets be paid back. Rather than simply relieving an individual from their role as an attorney or an estate trustee, this remedy imposes a steep penalty against those who are derelict in their duties. Attorneys and estate trustees should be aware that not properly adhering to their responsibilities may not only result in the termination of their duties. Heavy costs may be incurred as a result of their mismanagement.
If you have questions about wills or powers of attorney, Law365 offers a free consultation. Whether this is the first time writing your estate documents or you need an update, call us at (647)-494-9599 or email us at info@law365.ca.
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