Dealing with the Rogue Attorney
Author: Kimberly-Anne Kuntz

It is well known that a power of attorney is an instrument under which a donor, either an individual or a corporation, grants another party the authority to act on the donorís behalf. †The flexibility of the Power of Attorney Act allows creativity in the use of powers of attorney, which in turn makes them a popular estate planning tool. With that flexibility, however, comes the risk of issues and litigation arising over actions undertaken by an attorney under that power.

Like any estate planning instrument, powers of attorney are often the center of family disputes, and issues surrounding the capacity of the donor and the conduct of the attorney are often the subject of litigation. Kimberly-Anne Kuntz of Bull Housser & Tupper LLP, identifies some of the issues which can arise when an attorney misuses the authority granted by a power of attorney.

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This paper was prepared for Estate Litigation—2009 Update, a CLEBC course held in November 2009. The full collection of course materials is available online and in print.








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