- Start by gathering evidence quietly and calmly, since records are what turn a suspicion into something a bank, lawyer or court can act on.
- Capacity is decision-specific and can change over time, and it is the test Ontario's guidance uses for managing property and granting a power of attorney.
- A trustee is generally required to account only when compelled by the court, and a lawyer can confirm what process applies to an attorney.
- Time can matter, so speak to a lawyer before confronting the attorney or moving money.
It is deeply upsetting to suspect that the person managing your parent's money is taking it for themselves. An attorney for property is someone your parent chose to manage their finances. Because that person has access to accounts and records, misuse can be hard to see and harder to prove.
This article sets out a calm, practical path: how to check your concerns, how to ask for information, and when to go to a lawyer or the court. It is general information only. The exact duties of an attorney and the court remedies available should be confirmed with a lawyer who can look at the actual document and records.
Signs that something may be wrong
One unusual transaction may have an innocent explanation, such as paying a care provider or a home repair. Patterns are more worrying. Look for signs like these:
- Large or frequent withdrawals, transfers or cheques that do not match your parent's needs.
- Bills going unpaid, care services cancelled or the parent lacking basic comforts despite having money.
- The attorney refusing to explain spending or become defensive when asked.
- Property being sold, mortgaged or retitled into the attorney's name.
- New credit cards, loans or joint accounts that your parent did not understand.
- Your parent being isolated from relatives who might ask questions.
How you can get information depends on your relationship to the parent and the circumstances.
Check the document and your parent's capacity
Your first step is to find out what the power of attorney actually says, when it was signed, and whether it is in effect. A lawyer can read the document and tell you what it allows.
Capacity matters in two ways. First, a person must understand what they are doing to grant a power of attorney. Under Ontario's guidance, a person is incapable of a decision if they cannot understand the information relevant to it or the consequences of making or not making it. Second, capacity is decision-specific and can change over time. Your parent might be capable of some decisions and not others, or capable on some days and not others. If your parent can still speak for themselves, their wishes are an important starting point.
Demanding accounts and information
A common first step is a written request that the attorney explain what has been done with the money. A lawyer can write this letter for you, which often carries more weight. Ask for bank statements, receipts, records of any gifts or loans, and an explanation of any transfers.
Be aware that the accounting process most people hear about applies to estate trustees. In Ontario there is no general statutory duty for a trustee to pass accounts, and a trustee is generally required to account only when compelled by the court at the instance of, or on behalf of, a person interested in the property. That is the rule for trustees, and it should not simply be assumed to apply to an attorney for property. A lawyer can confirm what process is available to compel accounts from an attorney and who is allowed to start it.
If the attorney refuses to provide information, that refusal is itself useful information. A lawyer can tell you what options may be open to you from there.
Stopping the harm and recovering money
Options depend on the facts and may include several of the following. They are not mutually exclusive.
| Option | What it generally involves |
|---|---|
| Talk to the financial institution | Explain your concern and ask what steps it can take. Banks may have their own processes for suspected financial abuse. |
| Written demand by a lawyer | A letter asking for an accounting, return of money and a stop to further transactions. |
| Court application | Asking a judge for help. A lawyer confirms whether a court application is available, what it can achieve and who may bring it. |
| Police report | Where theft or fraud is suspected, police may investigate. This is separate from any civil claim. |
| Replacing the attorney | If your parent has capacity, they may be able to grant a new power of attorney. If not, other steps may be needed. |
If your parent has died, the picture changes. The estate trustee is then responsible for winding up the deceased's affairs, collecting the assets and paying taxes, bills and debts. A claim about money taken earlier may become something the estate trustee or a beneficiary needs to pursue, and beneficiaries can ask the court to require an estate trustee to account. Get advice on who can bring the claim.
What to do next
- Write a timeline of what you noticed, with dates and amounts.
- Collect any records you can lawfully see, such as statements, letters and the power of attorney.
- Do not move money or take your parent's property yourself, since that could cause problems for you.
- Do not accuse the attorney in anger, which may lead to records being hidden.
- If your parent is in danger of ongoing loss, consider contacting the bank and police.
- Book a meeting with an estates or litigation lawyer to discuss demands, court options and time limits.
Frequently asked questions
Can I look at my parent's bank accounts if I am worried?
How this applies depends on your situation, so it is worth confirming with a lawyer. A lawyer can explain how to ask for information properly or whether a court order is needed.
Does the attorney have to pass accounts like an estate trustee?
There is no general statutory duty for a trustee to pass accounts, and a trustee is generally required to account only when compelled by the court. Whether and how an attorney can be required to account is a question for a lawyer to confirm.
Does my parent's dementia cancel the power of attorney?
How this applies depends on the wording of the document and your parent's situation, so it is worth confirming with a lawyer. Capacity is decision-specific and can change over time.
What if my parent has already died?
The estate trustee takes over winding up the affairs and collecting the assets. A claim about earlier misuse may then be pursued through the estate, so ask a lawyer promptly about who can act.
Sources
- Wall v. Shaw, 2018 ONCA 929 (Court of Appeal for Ontario) — ontariocourts.ca
- Ontario.ca – Mental capacity — ontario.ca
- Ontario.ca – Administering estates — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.