Enduring Powers of Attorney: Obligations, Limits and Accountability outlines the statutory protections derived from The Powers of Attorney Act, 2002, including mandatory accounting obligations and the codified duties requiring attorneys to act honestly, in good faith, with reasonable care, and in the grantor’s best interests. It further discusses the strict prohibitions against self-dealing, the legislative limits on gifting, the narrow exceptions for maintenance of a spouse or dependent children, and the statutory bar on an attorney altering a donor’s “will.” The essay distinguishes between an attorney’s obligation to account (primarily a bookkeeping and reporting exercise) and being “held to account” (holding an attorney liable for misconduct and damages). Ultimately, the essay concludes that enduring powers of attorney are important estate-planning tools that carry significant obligations and potential liability for attorneys, and that Saskatchewan’s legislation and common law provide meaningful mechanisms to identify power-of-attorney abuse, which may lead to accountability when duties are breached and damages follow.

Are you wanting to learn more about this topic? Read the White Paper in its entirety here.

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About the Author:

Paige E. Van de Sype is an associate in the Saskatoon office whose practice focuses on estate litigation and administration, power of attorney disputes and oversight, and guardianship appointments and challenges. Paige is committed to her estate litigation and administration practice and providing accessible information for clients on potential claims. 

About McKercher LLP:

For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

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