- A power of attorney for property ends the moment the grantor dies.
- An attorney for property is a fiduciary.
- Request records informally first Often the first step is simply asking the former attorney — or, if they've also become the estate trustee, asking in that capacity — for financial…
Once someone dies, their power of attorney ends automatically — no attorney, no matter how the document was worded, has any authority to act "for" a deceased person. But that doesn't mean their conduct while the person was alive is beyond review. Families who suspect an attorney for property misused funds before death have a real legal path to get answers, and potentially recover money for the estate.
This article explains how that process works, who can start it, and what an accounting review can uncover.
First, an Important Clarification
A power of attorney for property ends the moment the grantor dies. From that point forward, only a duly appointed estate trustee has authority to deal with the deceased's property — not the former attorney, no matter how recently they were managing the person's affairs. So the claim here isn't about anything the attorney did after death; it's about what they did while they held the role, brought to light and pursued after the person has passed away.
This is a common point of confusion, and it's worth being precise about: you are not suing "the attorney" for continuing to act after death (that would mean they exceeded their authority entirely) — you are asking a court to review what they did during the period they legitimately held the position.
Why This Comes Up So Often
An attorney for property is a fiduciary. That means they must act in the grantor's best interests, keep the grantor's property separate from their own, and keep proper records of what they did with the grantor's money and assets. In practice, many attorneys — often an adult child or close family member — don't keep the kind of detailed records a court would expect, especially if they never anticipated being questioned about it.
Problems that commonly surface after death include:
- Large or unexplained withdrawals or transfers during the grantor's lifetime
- Property or accounts moved into the attorney's own name
- Gifts to the attorney or their family that look disproportionate to normal support
- A lack of any records showing where money went
- Compensation the attorney paid themselves that appears excessive for the work involved
How the Accounting Process Works
1. Request records informally first
Often the first step is simply asking the former attorney — or, if they've also become the estate trustee, asking in that capacity — for financial records covering the period they acted. Sometimes this resolves the concern quickly if the records are in order.
2. Apply to compel a formal passing of accounts
If records aren't provided voluntarily or don't add up, an interested party — typically the estate trustee, but potentially a beneficiary with standing — can apply to the Superior Court of Justice to compel the former attorney to formally account for their management of the property. This is a structured court process, not an informal request, and it puts the burden on the attorney to justify their transactions with proper documentation.
3. The court reviews the accounts
A judge (or, in some cases, a court officer) reviews the accounting, including any objections raised by the estate trustee or beneficiaries. The former attorney has to substantiate transactions that are questioned — vague explanations or missing records generally work against them, not in their favour.
4. Remedies if wrongdoing is found
Where the court finds the attorney breached their fiduciary duty, remedies can include an order to repay misappropriated funds, disallowance of compensation the attorney improperly took, and in serious cases, personal liability that follows the former attorney directly, separate from the estate.
What About the Attorney's Compensation?
Attorneys for property acting under Ontario's Substitute Decisions Act are not automatically entitled to whatever fee they decide to pay themselves. There is a prescribed compensation formula under the applicable regulation — as of mid-2026, generally structured as a percentage of capital and income receipts, a percentage of capital and income disbursements, and a small annual care-and-management fee — but this is a formula for what may be claimed, not a blank cheque, and it's worth verifying the current figures before relying on them. If an accounting shows compensation well beyond what that formula would support, it's a red flag worth raising.
Timing Matters
Ontario has a basic limitation period — generally two years from when a claim is discovered — that applies to many civil claims, including some claims arising from an attorney's conduct. Exactly when that clock starts running in a given family's situation depends heavily on the facts, including when the misconduct was actually discovered. Don't assume you have unlimited time to act once concerns surface; speak with a lawyer promptly.
Frequently asked questions
Can I demand an accounting even if I'm not the estate trustee?
It depends on your relationship to the estate. Beneficiaries often have standing to raise these concerns, sometimes by asking the estate trustee to pursue the accounting, and in appropriate cases by applying to the court directly. A lawyer can assess your specific standing.
What if the former attorney is now also the estate trustee?
This is a common and difficult scenario, since the same person is now controlling the very records being questioned. Courts can address this conflict directly, including by requiring a full accounting or, in appropriate cases, considering whether that person should continue as estate trustee.
Does it matter if the attorney was a family member acting informally?
No — the fiduciary duty applies regardless of whether the attorney was a professional or a family member acting out of love and convenience. Good intentions don't replace the record-keeping obligation, though they can be relevant context when a court assesses what happened.
What if there are simply no records at all?
A lack of records doesn't end the inquiry — it usually shifts the practical burden onto the former attorney to explain, as best they can, where the money went. Courts have tools to draw adverse inferences where record-keeping was clearly inadequate.
This is a wills & estates question
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