The applicant sought removal of her sister as attorney for personal care and property for their elderly mother, a declaration that later powers of attorney were invalid, and appointment of herself as guardian.
The court found the grantor incapable of making personal care and financial decisions, held that the 2021 powers of attorney were executed in suspicious circumstances, and concluded that the evidence did not establish capacity at execution.
The court further found that the respondent failed to meet fiduciary and personal care obligations, including arrears in long-term care rent, utility disconnections, deficient disclosure, and exclusion of supportive family members.
The applicant was appointed guardian for property and personal care, subject to conditions including no removal from Ontario without further court order.
