Recorded Webinar: Enduring Powers of Attorney – Abuse, Authority and Ademption Headaches

A number of recent cases have highlighted how the law is currently dealing with attorneys who abuse their positions and authority. This session looks at how to spot the warning signs, what the case law is telling us, as well as the remedies available. It includes:

• Scope of the attorney’s powers:

  • The powers of an EPOA – is it wider than you think?

  • Legislative limitations on EPOAs

  • Does the EPOA affectively alter the testamentary wishes of the testator?

  • Ademption issues

  • When can an attorney receive access to a will?

• Abuse by the attorney:

  • Right of standing in taking action against agent

  • Fiduciary obligation and the constraints on the exercise of power by the agent

  • Key remedies available, including equitable remedies

• Case updates