Legal Question in Wills and Trusts in Canada

Re: power of attorney

Yes, anyone who has the mental capacity to manage their own affairs can revoke their Power of Attorney(POA). What you describe is criminal activity and is subject to conviction. In addition the Attorney has personal liability for any use of Mom's money or property.

Mom should immediately revoke the POA, IN WRITING, and witnessed by an independent third party--perhaps a reliable witness where she lives. Her doctor should examine her and provide a certificate of capacity at the time the POA is revoked. Then a lawyer, who knows this area of law, should see Mom and do a new POA and demand the return of the previous document( all copies). The new POA should be served personally or by registered mail on Mom's bank or banks. The new POA should be registered at the land titles office. Do not wait. This is behaviour that is dangerous to mom's wellbeing--both financially and emotionally.