Is Mary's actions as Power of Attorney to a donor raise concerns that she may be acting against the donor's interests?
British Columbia, Canada
The following excerpt is from Kolic v Kolic, 2019 BCSC 1463 (CanLII):
Mary’s actions as Power of Attorney also raise concerns. It is trite law that a Power of Attorney creates a fiduciary relationship between the person making the Power of Attorney and the attorney. An attorney is not to act contrary to the interests of the donor (Andreasen v. Daniels-Ferrie, 2001 BCSC 1503 at para. 27).
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