Does an Attorney Have to Account for Their Actions in Alberta?
This answer covers the law of Alberta.
Yes, an attorney under an enduring power of attorney can be required to account, through a court order. Under the Powers of Attorney Act, the Court may order an attorney to bring in and pass accounts for any or all transactions. The donor, the donor's personal representative or a trustee may apply, and if the donor cannot make reasonable judgments about their estate, any interested person may apply.
The application and any order must be served on the donor and the attorney unless the Court provides otherwise, and the Court may grant whatever accounting order it considers appropriate. This right applies despite any agreement or waiver to the contrary. Unless the document says otherwise, an attorney who has acted also has a duty to protect the donor's interests while they know or should reasonably know the donor cannot make reasonable judgments about their estate.
The Office of the Public Guardian and Trustee (OPGT) cannot investigate complaints against an attorney, so a concerned person's route is a court application under the Powers of Attorney Act. Whether a particular situation calls for an application depends on the facts, so it is worth speaking with a lawyer before you start.
Key takeaways
- The Court can order an attorney to bring in and pass accounts for any or all transactions.
- If the donor cannot make reasonable judgments about their estate, any interested person may apply for an accounting order.
- The right to an accounting under the Powers of Attorney Act applies despite any agreement or waiver to the contrary.
- The OPGT cannot investigate complaints against an attorney, and Alberta.ca advises contacting a lawyer to bring financial records before the court.