What to do if a sibling is misusing a parent's power of attorney in Ontario

Maybe it started with something small. A cheque you didn't expect, a bill that went unpaid, a new car in your brother's driveway. Or maybe your sister simply stopped answering questions about Mom's money. You're not the one named in the power of attorney document, and you're worried.

Ontario has real protections for a parent whose attorney isn't doing the job properly. The Office of the Public Guardian and Trustee (OPGT) must investigate in serious cases, a court can review an attorney's accounts and end the power of attorney, and theft by an attorney is a crime.^1,2,3 But each of these has its own rules about who can use it and when, and the right first step depends on what's actually happening.

This guide is for adult children in Ontario who are worried about how a brother or sister is handling a parent's money under a continuing power of attorney for property. It covers what an attorney is allowed to do, how much your parent's capacity matters, how to ask, and when to go to the OPGT, the police or a court.

First, check whether it's actually misuse

Being an attorney is a hard job, and some decisions that look wrong from the outside are allowed. Before you raise a concern, it helps to know the rules your sibling is working under. Our guide on your duties as power of attorney for property explains them in full. The short version:

• Your parent's own care comes first. Once your parent is incapable, the attorney must spend on what's reasonably necessary for your parent's own support and care first, then their dependants, then their other obligations, like debts.¹ Large payments to a care home or caregivers can be exactly what the law expects.
• An attorney can be paid. Unless the power of attorney document says otherwise, an attorney may take compensation at Ontario's standard rate: 3% of money received, 3% of money paid out, and 0.6% a year of the average value of the assets.^1,4,2 Taking more than that needs written consent from the OPGT and from your parent's attorney for personal care, if they have one.¹
• Gifts and loans are allowed, but only in limited cases. For example, there must be enough money to keep covering your parent's needs, there must be reason to believe your parent would make the gift if capable, and your parent must not object.¹

Some things are worth asking about because the rules don't allow them:

• Mixing money. The OPGT tells guardians, whose duties match an attorney's, to keep the person's money completely separate from their own and never to use it for themselves, family or friends without authority.^5,1
• Bills or care going unpaid while money goes elsewhere, since your parent's own care comes first.¹
• Selling something the will leaves to a specific person. An attorney generally can't, unless it's needed to carry out their duties, like paying for your parent's care.¹
• Refusing to show records to the people entitled to see them (see Step 2).⁶

Is your parent still capable? It changes everything

As long as your parent is mentally capable, they can keep making their own decisions about their money, even if the power of attorney document is already in effect.⁷ They can demand a full accounting from the attorney whenever they want one, and if they find a problem they can cancel (revoke) the power of attorney.²

Here's a detail that surprises many families. In Ontario, a person can cancel a continuing power of attorney if they're capable of making one.¹ That test asks things like whether they know roughly what they own, know the attorney must account for what they do, and appreciate that an attorney could misuse the authority.¹ A power of attorney document can be valid even when the person who signs it is incapable of managing their property.¹ So a parent who can no longer handle their own bills may still be able to cancel the power of attorney and name someone else. A cancellation has to be in writing and signed the same way as a power of attorney document.¹ A lawyer can meet with your parent and judge whether they're able to do this.

Most of the formal duties, and most of the outside help below, apply once your parent is incapable of managing property.^1,2

Step 1: Write down what you've seen

Before you talk to anyone, put your concerns on paper. It keeps the conversation with your sibling focused, and if you need the OPGT, a lawyer or the police later, it's what they'll ask for.

Step 2: Ask first

Unless money is disappearing fast, or you're worried that raising it could lead to more being taken or put your parent at risk, the usual first step is a calm question. In those cases, go to Step 3 or Step 4, or speak with a lawyer first. Many worries end once the attorney shows how they've been handling things.

Know what you can and can't expect:

• The attorney must keep detailed records. Ontario's regulation lists them: your parent's assets and debts on the first day, and every amount in and out, with dates, reasons and who paid or was paid.⁶
• A sibling has no automatic right to see them. The attorney must give a copy of the accounts and records to your parent, or to your parent's attorney for personal care or guardian of the person, if they ask.⁶ Your parent's financial information is otherwise confidential, unless the power of attorney document allows sharing or it's needed to carry out the attorney's duties.²
• The attorney must consult family. Once your parent is incapable, the attorney must consult from time to time with supportive family members and friends who are in regular contact with your parent, and help your parent stay in touch with them.¹ Consulting doesn't mean showing you every statement, but it does mean you shouldn't be shut out.

If your sibling simply hasn't been keeping records Ontario's way, that's often fixable. Our free POA money tracker follows Ontario's required list, and suggesting it can turn an argument into a shared project.

Step 3: If your parent is capable

If your parent can still make their own decisions, the choice is theirs. You can share what you've noticed, but you can't make them ask for an accounting or cancel the power of attorney.

What you can do is support them. Ontario's Seniors Safety Line, 1-866-299-1011, is free, confidential and open 24/7, with information, referrals and support in over 150 languages for seniors experiencing abuse.⁸ If theft is involved, your parent can report it to the police.² If you think your parent is in danger right now, call 911.⁸

Step 4: If your parent is incapable and the money is at serious risk

When your parent can't manage their own money and it's being lost, the OPGT is the main place to turn.

What the OPGT must investigate. The OPGT must investigate any report that a person is incapable of managing property and that serious adverse effects are happening or may happen as a result.¹ The law defines those as losing a significant part of their property, or failing to provide the necessities of life for themselves or their dependants.¹ The OPGT can review certain records and enter certain facilities to meet the person. Entering a private home usually needs a warrant, unless the person living there doesn't object.⁹

What can happen. If the OPGT believes a temporary guardian is needed to prevent serious harm, it must apply to court. The court can appoint the OPGT as temporary guardian of property for up to 90 days, and can suspend the attorney's powers during that time.¹

If it decides not to act. The OPGT must destroy what it collected within three years and tell your parent that an allegation was made and investigated, unless another investigation starts in that time or the OPGT becomes their guardian.¹

To report, call the OPGT's investigations line at 1-800-891-0504 (toll-free).¹⁰ Have your notes from Step 1 in front of you.

If your parent lives in a long-term care home

There's an extra rule here that most families don't know about. Under Ontario's Fixing Long-Term Care Act, a person who has reasonable grounds to suspect misuse or misappropriation of a long-term care resident's money must immediately report it to the Director under the Act, along with the information the suspicion is based on.¹¹ The duty applies to anyone with those suspicions, including family members, not just staff. Residents themselves can report but don't have to.¹¹ Ontario lists the Long-Term Care ACTION Line, 1-866-434-0144, as the reporting line.⁸

Step 5: Going to court

A court can do the most, but it takes time and money, and you'll want a lawyer.

Asking for a passing of accounts

A passing of accounts is when a judge reviews an attorney's accounts. Under the Substitute Decisions Act, these people can apply for one:¹

• the attorney
• your parent
• your parent's attorney for personal care or guardian of the person
• a dependant of your parent
• the OPGT
• the Children's Lawyer
• a creditor with a court judgment against your parent

Anyone else needs the court's permission (called "leave") first.¹ That includes most siblings. If you're your parent's attorney for personal care, though, you're on the list and don't need permission.

On a passing of an attorney's accounts, the court can direct the OPGT to apply for guardianship, suspend the power of attorney while it decides, appoint the OPGT or someone else as guardian in the meantime, order a capacity assessment of your parent, or end the power of attorney.¹ It can also adjust the attorney's pay.²

Asking the court for directions

A court can also give directions on any question about how the power of attorney is being used. The same kind of list applies: your parent's attorney for personal care, a dependant and the OPGT can ask, and anyone else needs the court's permission.¹

Applying to become guardian of property

Anyone can apply to the court to be appointed guardian of property for a person who is incapable of managing property.¹ If the court appoints a guardian, the continuing power of attorney ends.¹ Grounds to believe the attorney has mismanaged things are one of the situations where a court guardianship may be appropriate.⁹ But the court won't appoint a guardian if a less restrictive option would meet the need.¹ Our guide on what happens if there is no power of attorney in Ontario explains how guardianship works.

When it's a crime

The Criminal Code makes it theft for a person holding a power of attorney to fraudulently sell or dispose of the property, or to use the proceeds for a purpose other than the one the power of attorney was given for.³ If you have evidence of theft, you can report it to the police, and Ontario suggests calling them if you have immediate concerns about an older adult's safety.^2,8 A criminal case is separate from the OPGT and the courts above, and you can pursue more than one.

Your options side by side

Scroll sideways to see the whole table.

If you're the attorney being questioned

If you're the sibling holding the power of attorney and someone is asking questions, the best protection is records kept the way Ontario requires and a willingness to share them where the law allows. Our guide on your duties as power of attorney for property covers what you must do, what you can be paid, and how a passing of accounts works from your side.

What to do next

Start with Step 1 today: write down what you've seen while it's fresh. If your parent is capable, talk with them first. If they're not and money is being lost, call the OPGT. And if the problem turns out to be that there's no valid power of attorney at all, our guide on what happens if there is no power of attorney in Ontario explains the next steps.