Can a poa for a deceased with alzeihmers legally hold the family hostage from purchasing the home if they dont agree to pay the poa a gift of $50,000?

Can a POA (childhood friend) hold off transfer of the home of a deceased parent to the legal child if the child does not pay them a promisory gift of $50,000 which was the supposedly verbal request of the deceased who was diagnosed with three years previous with alziehmers and dementia. The POA went to a lawyer requesting a letter be drafted indicating the above amount was the consideration of the deceased to be gifted for services. The document was not signed by the deceased. The will indicated the POA could redeem the 3% fee from the estate. The lawyer indicated in the letter that he was requested by the POA to type the letter and that in his legal experience he did not recommend this request as valid. This document was not presented to the child for 6 months after the child was given the option to purchase the home. The estate was in probate for six months. The POA presented the letter to the child just before the child was prepared to complete final purchase procedures. There are two POA. The home transfer transaction has been held until the second POA who is still out of the country signs approval for the child to take procession of the property. This letter has not mentioned nor indicate the name of the second POA who was the deceased brother. Is this letter considered a legal document if not signed by the deceased and under the consideration that they had not been assessed capable of making sound decisions? Does the adult child have any recourse to now being held hostage by the POA? The POA stated they will not sign approval for the transfer of the home unless the payment of the $50,000 is given to them from the estate. This has been an on going case of elder abuse by the POA resulting in undue stress and anguish to the deceased family. What recourse do the legal adult children have in this situation?


Asked over 3 years ago in Kitchener, Ontario
Categories: Elder Law  Real Estate  Human Rights  Alternate Dispute Resolution  Wills, Estates, Trusts  Constitutional Law  Family Law

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Noah Kochman

Answer by Noah Kochman

Not VerifiedOntario lawyer

Happy to discuss this with you. Please contact me at 647.490.5584 or noah@kochman.ca

Posted over 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 Noah Kochman, or search the Lawyer Directory.


Mike C Stewart, P.Eng

Answer by Mike C Stewart, P.Eng

VerifiedBritish Columbia lawyer

Hi there,
In Ontario, a POA is entitled to a fee equal to approx. 3% of the assets of the incapable person, depending on what was involved. You can read about it here:
https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/guardduties.php
As you stated, the 3% fee was confirmed in the will. The document you referred to isn't necessary for the POA to make his claim against the estate.
In order for the executors to distribute the estate, they must settle all claims, one of which is the 3% POA fee. In other words, yes, it's possible for the POA to hold up the sale of property of the estate.
What can you do? One of the beneficiaries of the deceased could apply to the court to have the POA's fee reviewed to determine what is an appropriate fee.
Hope that helps.

Posted over 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 Mike C Stewart, P.Eng, or search the Lawyer Directory.

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