Compelling an Attorney for Property to Account in Ontario

You suspect something isn't right with how a family member's finances are being managed under a power of attorney, but the acting attorney won't share any records. Compelling an attorney for property to account in Ontario is the legal route designed for exactly this situation — it forces transparency from someone whose job is to manage another person's money, not to keep it a secret from concerned family.

Getting to that point usually involves a few escalating steps, and it's worth understanding each one before you start.

Why an Attorney's Duty to Account Exists

An attorney for property is a fiduciary — legally required to act in the grantor's best interests, keep the grantor's property separate from their own, and keep proper records of everything they do with it. That duty isn't optional or dependent on whether anyone asks; it exists because the attorney is managing someone else's money without that person's day-to-day oversight, precisely because the grantor can't provide it themselves.

Step 1: Ask Informally First

Before escalating, a simple, direct request is often the fastest path — ask the attorney for a general update on how things are being managed, and whether they can share basic records. Some situations resolve at this stage simply because no one had asked clearly, or the attorney didn't realize records were expected to be shared.

Step 2: Put the Request in Writing

If an informal request doesn't get a real answer, a written request — specific about what records you're asking for and why — creates a clear record of the request and the attorney's response (or lack of one). This step also matters practically: if you later need to go to court, showing you asked reasonably first strengthens your position.

Step 3: Apply to Court to Compel an Accounting

Where an attorney refuses to provide a reasonable accounting, an application to the Superior Court of Justice can compel one. The court can order the attorney to produce a formal accounting of their management of the grantor's property, and — depending on what that accounting shows — the matter can proceed further if the records raise concerns.

What a Formal Accounting Must Show

A proper accounting isn't a vague summary — it's a structured record that should include:

• [ ] A full list of the assets under the attorney's management, and their approximate values
• [ ] Every receipt (money or property coming in) during the relevant period
• [ ] Every disbursement (money or property going out), including what it was for
• [ ] Any compensation the attorney claimed, and how it was calculated
• [ ] Supporting documentation — bank statements, investment records, and receipts — backing up the entries above
• [ ] An explanation of any transaction that appears to benefit the attorney personally

What Happens After the Accounting Is Produced

Once an accounting is produced, family members with a legitimate interest can review it and raise specific objections to entries that look wrong, unexplained, or self-serving. If concerns remain after review, the matter can proceed toward a fuller court examination of the accounting — and, depending on what that reveals, toward a separate application to remove the attorney if the records show a genuine breach of duty rather than a bookkeeping gap.

Frequently asked questions