How can we gain access to my brother-in-law's accounts to make sure payments are made?

My brother-in-law has had a massive heart attack and is in a medically induced coma state in hospital. Before the heart attack he asked me and his niece if he could appoint us power of attorney. We had the forms drawn up but never signed. What can we do to be able to access bank accounts, etc in order to pay bills....


Asked almost 3 years ago in Ontario
Categories: Wills, Estates, Trusts

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Wayne P. L. Cusack

Answer by Wayne P. L. Cusack

VerifiedOntario lawyer

Because no power of attorney is in place, someone has to bring an application for a court order appointing him / her to handle the affairs.  It will require evidence in the form of an affidavit and medical report, but unless someone objects to the application it should be reasonably straightforward.  Unfortunately, there will be some unavoidable cost involved.


Wayne Cusack
www.emergencylawyer.ca

Posted almost 3 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Wayne P. L. Cusack, or search the Lawyer Directory.


Jad Debs

Answer by Jad Debs

Not VerifiedOntario lawyer

To expand on Wayne's answer, you or whoever wants to take on the responsibility would apply to be "guardian" of your brother in law's property.

Here is some more information: https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/propguard.php

If you need assistance with the process, you can feel free to contact me by email at the address in my profile.

Posted almost 3 years ago

Jad Debs
jad@debslaw.ca
Ottawa: 613-686-3556
Toronto: 647-467-1078
http://debslaw.ca

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Jad Debs, or search the Lawyer Directory.

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