Can a lawyer who has power of attorney and is executor and beneficiary of a former client, for four years after her death, continue to receive an annuity for which she was convicted of theft?
British Columbia, Canada
The following excerpt is from Hart (Re), 2021 LSBC 29 (CanLII):
In Law Society of Upper Canada v. Horgan, 2010 ONLSHP 12, the lawyer had power of attorney and was executor and beneficiary of a former client. For four years after his client’s death, he accepted annuity payments made on her behalf for which he was criminally convicted of theft. The lawyer was given the opportunity to surrender his licence and, failing that, the licence would be suspended. Of importance in this decision was that the lawyer was not acting as a lawyer; however, in receiving and managing the funds in the manner that he did, the actions of lawyer and those of trustee/executor were found to be not easily separated.
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