Legal Question in Wills and Trusts in Canada

power of attorney and executor

My stepmother is not well and my cousin has power of attorney as well as being executor. He will not answer any questions I pose to him. I was wondering if it is very difficult to withdraw money from her accounts or investments or can he just do this with no problems. My stepmother is not good in her mind so not much sense asking her. He is power of attorney as we live very far from my stepmother but I do not feel comfortable with this. He told me he doesn't know where the safe deposit box is and he doesn't know anything about the will which I know to be false as he told me once a few years back that there was a large sum of money left to me so I know he saw that will. Could you tell me if there is anything I can do about this?

Thank you,

S. Audette


Asked on 2/04/03, 9:57 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: power of attorney and executor

First of all, the will doesn't come into play until your stepmother dies. If there's no money left, then the gift lapses and is of no value. The attorney in fact (your cousin) can deal with your stepmother's property as if he were in her shoes. Having said that, it is improper for him to personally benefit from that power; i.e. making gifts to himself.

If he's depleted the estate, when your stepmother dies you may force an accounting of what he's done with the estate before her death. But it appears that there's nothing you can do before then.

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Answered on 2/04/03, 10:17 am


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