🇨🇦 Power of Attorney in Canada — Drewniak v. Smith (2024)

A donor granted a general Power of Attorney (POA) to one child, then later appointed another child in a second POA. The case examined whether the donor had the required capacity when the later POA was granted, whether undue influence or suspicious circumstances existed, and whether the earlier POA should be displaced. The court found in this case that the donor did have capacity when making the later POA.

Donors must have capacity at the time they grant a POA. Mental ability and clarity matter.

Undue influence (pressure from another person) is a risk, especially where family tensions or perceived unfairness exist.

It’s good practice to have witnesses, possibly legal or medical advisors, especially where there is a change in POA, to reduce suspicion and legal challenges.