In what circumstances will a son be required to repay monies to his father's power of attorney?
Alberta, Canada
The following excerpt is from Re Lefebvre (Estate of), 2007 ABQB 195 (CanLII):
In Walker v. Walker, [1995] B.C.J. No. 2177 (S.C.), a son was also given a power of attorney by his mother. Mr. Justice Hood found that the Attorney breached his fiduciary duty by failing to keep or produce proper books and records of his handling of monies belonging to the estate and by wrongfully borrowing monies. A judgement was awarded against the Attorney requiring him to repay monies.
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