Can Power of Attorney Be Challenged in Ontario?

Your brother was named as your mother's attorney for property and personal care. Since she moved into long-term care, you've noticed her savings draining faster than her accommodation fees justify, and he won't show you any financial records. When you asked, he told you it's none of your business.

Yes, a power of attorney can be challenged in Ontario. The Substitute Decisions Act provides specific legal mechanisms to contest the validity of a POA document, remove a sitting attorney, or dispute their decisions. Here's how each route works.

Challenging the Validity of the POA Itself

A power of attorney can be declared invalid if it wasn't properly executed or if the grantor lacked the capacity to sign it. The most common grounds:

Lack of capacity at signing. Under Section 8 of the SDA, your parent needed to understand what property they owned, know they were giving authority over those assets, and appreciate the risk that the attorney might misuse that authority. For a POAPC under Section 47, the threshold is lower — they needed to understand whether the proposed attorney genuinely cared about their well-being. If your parent had advanced dementia or another condition that impaired this understanding at the time of signing, the document may be invalid.

Execution defects. Both POA types require two eligible witnesses who sign in the presence of the grantor. If a disqualified person witnessed (the named attorney, the attorney's spouse, the grantor's spouse or children, or anyone under 18), the document is void. Missing signatures, lack of wet-ink originals, or electronic/digital signatures also invalidate the POA.

Undue influence or coercion. If someone pressured, manipulated, or deceived your parent into signing — especially when capacity was borderline — the POA can be set aside. This is difficult to prove but not impossible, particularly when there's evidence the parent was isolated from other family members before signing.

To challenge validity, you apply to the Ontario Superior Court of Justice. You'll need evidence — medical records from around the signing date, witness testimony, or documentation of the circumstances. A capacity assessor's retroactive opinion may also be relevant, though courts weigh contemporaneous evidence more heavily.

Removing a Sitting Attorney

Even if the POA was validly executed, the named attorney can be removed for cause. Under the SDA, any person can apply to the court for removal on these grounds:

• Failure to keep accounts. Section 32 requires the attorney to maintain detailed records of every financial transaction. If they can't produce records or refuse to provide them, that alone justifies removal.
• Acting outside the scope of authority. The attorney must act within the powers granted by the POA and the SDA. Self-dealing, unauthorized gifts, and transactions that benefit the attorney at the grantor's expense all exceed the scope.
• Conflict of interest. If the attorney's personal financial interests conflict with the grantor's, and they haven't managed that conflict transparently, the court can intervene.
• Neglect of duties. Failing to pay the grantor's bills, not maintaining their property, or ignoring their care needs.
• The attorney is no longer suitable. Changed circumstances — the attorney has developed their own health issues, moved out of province, or the relationship has deteriorated — can justify replacement.

The court can remove the attorney, appoint a replacement, order a passing of accounts, and direct restitution if funds were misused.

Sibling Disputes Over POA Decisions

Sibling conflict is the most common trigger for POA challenges in Ontario. It typically erupts over:

• Who was named — one sibling was chosen over others, creating resentment
• How money is being spent — disagreements about whether expenditures on the parent's care are appropriate
• Care decisions — one sibling wants the parent in a facility, another wants them at home
• Lack of transparency — the named attorney won't share information with siblings

Ontario law doesn't require the attorney to consult with siblings or report to them unless the POA document itself includes a reporting clause. Without that clause, siblings have limited visibility into day-to-day decisions.

However, any interested person can apply to the court for a passing of accounts — a formal audit of the attorney's financial management. The court appoints an auditor, the attorney must produce complete records, and the auditor reports whether the attorney has managed the estate properly. This is the strongest tool for siblings who suspect mismanagement.

For personal care disputes, the Consent and Capacity Board (CCB) provides a faster alternative to court. If a family member believes the POAPC attorney is not following the parent's wishes or acting in their best interests, they can apply to the CCB. Hearings must be scheduled within seven days of the application, and the decision is issued within one day.

The OPGT's Role

The Office of the Public Guardian and Trustee investigates complaints about attorneys who may be abusing their authority. Anyone can file a complaint — you don't need to be a family member. The OPGT can investigate financial records, interview the attorney, and take protective action including applying to the court for removal.

Contact the OPGT at 1-800-366-0335 to file a complaint or request an investigation.

Preventing Disputes From the Start

Most POA challenges could be prevented with better document structure. When your parent is setting up their POA:

• Include a reporting clause requiring the attorney to provide annual accountings to a named person
• Name a monitor — a trusted third party (accountant, family friend, or professional) who receives copies of financial records
• Consider joint attorneys for major transactions, requiring both siblings to agree on decisions over a specified threshold
• Document your parent's wishes in detail within the POAPC, so there's less room for interpretation disputes later

The Ontario Power of Attorney & Personal Directive Kit includes safeguard templates that build these protective measures into the POA from the start — fiduciary accounting ledgers, reporting checklists, and decision flowcharts that reduce the ambiguity that fuels sibling conflict.

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