Sibling Dispute Over Power of Attorney in Nova Scotia

Your parent named your sister as attorney. You think she is spending recklessly. She thinks you are meddling. Meanwhile, your parent's dementia is worsening and nobody agrees on the care plan. This is one of the most common — and most destructive — family conflicts in eldercare.

Nova Scotia law provides specific mechanisms for resolving disputes over power of attorney. But the law also has sharp limits on what a concerned sibling can actually do, and understanding those limits prevents wasted energy and legal fees.

The Problem: Only One Person Has Authority

An enduring power of attorney (EPOA) typically names one person as attorney for financial matters. That person has legal authority to manage bank accounts, pay bills, sell property, and make investment decisions. Other siblings — regardless of how close they are to the parent or how strongly they disagree — have no legal standing to override the named attorney's decisions.

This is by design. The Powers of Attorney Act assumes the donor chose their attorney deliberately. The system does not allow family votes on financial management.

When Disagreement Is Just Disagreement

Not every sibling conflict is a legal matter. If your brother is spending conservatively on home care when you think your parent needs a private facility, that is a judgment call within the attorney's discretion. If your sister chooses one financial advisor over another, that is her decision to make.

The law intervenes only when the attorney's actions cross specific lines:

• Using the parent's money for personal expenses
• Making gifts not authorized by the EPOA
• Failing to pay for the parent's care needs
• Refusing to consult with the parent (required even after cognitive decline)
• Failing to keep financial records
• Not providing the mandatory notification when activating the EPOA

The Monitor Option (Before Conflict Escalates)

The smartest time to address sibling dynamics is before the crisis — while your parent still has capacity to revise the EPOA.

Under Section 16 of Nova Scotia's amended Powers of Attorney Act, the EPOA can appoint an independent monitor. The monitor has statutory authority to:

• Demand financial accountings from the attorney
• Review bank statements and receipts
• Report concerns to the family or the court

The monitor is not a co-attorney — they do not make financial decisions. They audit the attorney's actions. This satisfies the concerned sibling's need for oversight without stripping authority from the named attorney.

A monitor can be a trusted family friend, another sibling who is not the attorney, or a professional (accountant or lawyer). The appointment must be written into the EPOA document by the donor.

Filing a Complaint with the Public Trustee

If your parent has already lost capacity and you believe the attorney is misusing their position, Nova Scotia law provides a formal complaint process through the Office of the Public Trustee.

Under the Adult Capacity and Decision-making Act (ACDMA), anyone can file a written complaint alleging that a representative or attorney:

• Is not complying with their legal duties
• Is mismanaging or misappropriating the adult's estate
• Is making decisions that are not in the adult's best interest

The Public Trustee will investigate the complaint. If the investigation confirms misconduct, the Public Trustee can apply to the Supreme Court to have the attorney removed and replaced.

This is not a casual step. The complaint must be in writing, specific, and based on observable facts — not speculation or family resentment. "She took Mom to lunch with Mom's money" is not financial abuse. "She transferred $50,000 from Mom's account to her own mortgage" is.

Going to Court: Motion for Review

If the Public Trustee route does not resolve the issue, a sibling can apply directly to the Supreme Court of Nova Scotia for a Motion for Review. This requests the court to:

• Review the attorney's financial records
• Alter the terms of the representation
• Remove the attorney and appoint a new one
• Issue specific orders about how the parent's finances should be managed

The filing fee for a Motion for Review is $66.00 (under the current Nova Scotia Costs and Fees Act regulations). However, you will almost certainly need a lawyer to prepare the motion, which adds $2,000-$5,000+ in legal fees depending on complexity.

The court will evaluate whether the attorney acted in the parent's best interest, followed the "least restrictive" standard, and maintained their fiduciary duties. If the attorney can produce clean financial records and demonstrate reasonable decision-making, the challenge will likely fail.

Preventing the Conflict: Practical Steps

If your family has not yet reached the crisis point:

Have the conversation while your parent has capacity. Discuss who should be attorney, why, and what oversight everyone is comfortable with. This is harder than ignoring the issue and vastly cheaper than court.

Use multiple attorneys if appropriate. The EPOA can appoint two or more attorneys to act jointly (requiring unanimity) or jointly and severally (either can act alone). If three or more attorneys are named, the Act permits majority rule unless the EPOA specifies unanimity.

Appoint a monitor. Even if siblings trust each other now, a monitor provision costs nothing to include and prevents suspicion from festering later.

Document your parent's wishes. If your parent has strong preferences about care (staying at home, avoiding a specific facility, preserving the family home), writing those preferences into the personal directive gives the healthcare delegate guidance and reduces sibling arguments about "what Mom would have wanted."

The Nova Scotia Power of Attorney & Personal Directive Kit includes the decision flowchart for choosing between single and multiple attorneys, monitor appointment provisions, and the forms directory for getting these documents properly executed under current Nova Scotia law.

See more Nova Scotia guides →