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Estate Litigation, Radio/Media

What Can You Do If The Power Of Attorney Is Causing Issues?

August 05, 2021 by Darren Kautz

Our Estate Litigation team of lawyers appreciates that this can be very difficult for those individuals involved. We understand the sensitivity of these issues and have the expertise to mitigate and resolve conflicts through Mediation, Litigation or Arbitration. These are often complex, emotional situations, and we pride ourselves on balancing our clients’ legal and personal goals in seeking resolution.

One of the frequent questions our estate litigation team receives and deals with centers around a power of attorney and abusing their privileges. Partner Darren Kautz explains some of the actions that can be taken if this is the case.


In our Estate Litigation department, we often get asked, “What do I do if someone is abusing their power of attorney?” The answer is, please get in touch with your lawyer. After that, your lawyer will explain that you have specific obligations that you must do for the estate as a power of attorney. If a power of attorney is not abiding by those terms, you can take steps to replace the power of attorney through the courts. You can assign someone new, or in certain circumstances, the Will also outlines other parties that can be alternative power of attorneys. It is important to contact legal counsel. If required, they can contact the courts to get answers and responses necessary to ensure that the estate continues as directed as per the legislation. If you require further legal assistance, please get in touch with FH&P Lawyers.