The applicant, the wife of Carl Joseph Bennett, sought a declaration that Powers of Attorney signed by Carl in September 2023 were invalid due to lack of capacity and undue influence, or alternatively, that the respondent son had breached his fiduciary duties as attorney.
The court found that Carl lacked capacity to execute the POAs and that the respondent had breached multiple fiduciary duties under the Substitute Decisions Act.
The court terminated the POAs and appointed the applicant as Carl's Guardian of Property and Person.
The respondent was ordered to pay costs and provide full accounting of Carl's finances.
