Apr 23, 2026
As a mediator, I have seen the same dynamic play out in many power of attorney disputes. Sibling A swears that the parent suffering from dementia doesn’t trust Sibling B, and wants Sibling A to act as POA for property and personal care. Sibling B tells me the opposite: the parent is highly mistrustful of Sibling A and insists that Sibling B is the only one that can be trusted to make substitute decisions about finances and health care.
Most of the time, I believe both of them.
I try very hard in our caucus meetings to ask questions aimed at encouraging each of the parties to explore whether both things might be true. I am surprised at how closed litigants are to the possibility that Alzheimer’s disease is the true villain in the dispute.
According to the Alzheimer’s Association, “a person with Alzheimer’s may become suspicious of those around them, even accusing others of theft, infidelity or other improper behaviour”. [1] Yet, in power of attorney disputes, siblings are often unwilling to consider that the parent’s suspicions about their sibling might be unfounded.
Another feature of dementia is confabulation. It is a natural coping mechanism which happens when a dementia patient attempts to fill in missing gaps in their memory with things that are untrue. Rather than confronting the painful truth that the patient has no memory of that meeting with the lawyer or that discussion with Child A, the diseased brain protects the patient by supplying false memories.
Alzheimer’s disease lies to the people suffering from it. Dementia patients commonly experience anosognosia – the inability to recognize their own memory and cognitive deficits.
Logic would dictate that when a parent suffers from Alzheimer’s, and says two different things to two different people, the most likely explanation is that the disease has rendered the parent an unreliable narrator. And yet, so many siblings caught up in POA disputes immediately dismiss the disease as a possible contributor to the dispute. They confidently conclude that the only possible explanation is that their “evil sibling” is a liar.
Perhaps it is less painful to believe their sibling is lying (particularly a sibling they never got along with) than it is to accept that the disease has already progressed to the point that the parent’s words cannot be relied upon anymore. When a child has spent a lifetime looking to a parent for support, advice, care and judgment, it is difficult to accept that certain aspects of the relationship are now gone.
Many years of litigating and mediating these disputes have convinced me that litigation is a terrible way of resolving them. Once litigants reach the mediation stage, they have spent tens of thousands of dollars on legal fees, making them even more entrenched in the righteousness of their position. Too often the stumbling block to settling these cases is the sunk costs of the legal fees already spent.
I can’t help but wonder: What if the siblings had pursued mediation from the outset instead of going to court first? What if they had consulted dementia experts first before going to legal experts? What if they had focused on dementia as the enemy instead of their sibling?
Angela Casey
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
[1] https://www.alz.org/
Aug 8, 2025
This blog is part 2 of a series which started with this one: “Re-thinking Power of Attorney Litigation.”
My first modest suggestion for power of attorney (“POA”) litigation is to fully explore clients’ assumptions about the rights and powers of POAs before initiating litigation.
If the aggrieved party uses words like “power”, “in charge” and “control” when describing the role of a POA, rather than “duty”, “responsibility”, “accountability” and “service”, it is a sign that the person who wants the job doesn’t fully understand the role.
For example, I am shocked by the number of children who believe that as soon as the family home is sold and a parent enters a care setting, that is the time to divide up the house sale proceeds among themselves. They mistakenly think that the POA gets to decide how and when to divide up the parent’s money. Not so. The incapable person’s money must be carefully managed solely for the incapable person’s benefit during his or her lifetime.
Yes, that is true even if the nursing home costs will not exceed the incapable person’s income. Yes, that is true even if the children are all counting on their inheritance as a pathway to home ownership and would like to receive at least part of their inheritance early. Yes, that is true even if the parent’s dementia has progressed to the point that he or she would not even miss the house sale proceeds.
Another common reason litigants want to be “in charge” is the mistaken belief that a POA can make unilateral decisions without talking to anyone else. POA litigation usually involves high conflict families. The person who wants to be POA or Guardian of Property needs to understand that, if successful, there will be a duty to consult with supportive family members and friends of the incapable person, including the despised sibling.
The Substitute Decisions Act uses the word “consult” to describe this duty on substitute decision makers. This is different from informing after-the-fact. To do the job of POA correctly, the POA will need to share all information relevant to a substitute decision with the incapable person’s family members, then listen to their feedback and opinions before implementing a substitute decision. If you are unable or unwilling to communicate effectively with your immediate family members, you are not qualified for the job.
Before initiating POA litigation, I often refer clients to this helpful summary of the duties and obligations of Guardians of Property on the Public Guardian and Trustee’s website [1].
It is important to fully explore how taking on this 24/7 responsibility will impact the POA’s life. Vacations could be interrupted by a call from the nursing home. POAs will face practical problems like banks that won’t provide online access to bank accounts and paid caregivers who don’t work out. Tax returns to be filed, forms to be filled out, doctor and dentist appointments to be tracked, medications to be managed. The POA will ultimately be responsible to account to the beneficiaries of the incapable person’s estate, and possibly the Court, about every transaction during the POA period. A lost receipt could become a personal liability.
These duties and obligations should be fully explored before heading down the destructive and expensive path of POA litigation so that the client has eyes wide open about what “winning” entails.
[1] Most of the duties imposed on Guardians of Property are also applicable to fiduciaries acting under a power of attorney, the primary distinction being that a Guardian of Property will be obligated to act in accordance with a Management Plan and will have to pass accounts to the Public Guardian and Trustee by a particular deadline.
Angela Casey
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Mar 27, 2025
We are delighted to announce that Casey & Moss LLP partners Angela Casey, Angelique Moss, and Laura Cardiff have been recognized in the 2025 Canadian Legal Lexpert® Directory as leading practitioners in Estate & Personal Tax Planning – Estate Litigation. We are honoured to receive this recognition once again this year. We sincerely thank our peers, colleagues, and Lexpert for this recognition!
Jan 23, 2025
In the winter of 2023, I had just finished my honours bachelor’s degree at the University of Toronto and was ready to launch forward into adulthood. As a 22-year-old, I found the working world quite daunting, so the thought of having real ‘adult job’ was intimidating. Come the new year, I decided to put myself out there and apply to a variety of positions – one of which was a legal assistant at Casey and Moss.
While reading the C&M website, I was thoroughly impressed by the work the firm had done and their prestigious recognition among estate lawyers. I resonated with their mission to provide excellent service to clients, and their emphasis on providing flexibility to their employees. Next thing I knew, I was interviewing and had secured my position as a legal assistant!
I began as an assistant to Angela Casey and Angelique Moss, both of whom provided a warm welcome and an open-door policy. I’ll admit that the first month in this position was especially challenging as I was unfamiliar with estate law and the responsibilities of a legal assistant. Thankfully, my colleagues provided me with a space where I felt comfortable asking questions and, over time, I was able to build skill and confidence.
Once I was more settled, I was given the opportunity to work on projects more independently. In addition to secretarial work, Angela and Angelique had me assist in preparing pleadings. This was when I was really given the chance to see estate law in practice and understand what is required when engaging with estate litigation, guardianship, and other matters. I did (and still do) very much enjoy doing this work alongside Angela and Angelique.
After months of hard work, dedication and continued learning, I was offered a position as Rebecca Suggitt’s legal assistant. While I was initially worried about assisting three lawyers and the increased workload, I now couldn’t be happier to work alongside these three wonderful lawyers. They have taught me essential lessons not only in estate law, but also in life. Importantly, they helped me to see the value in trial and error and helped me realize when I was being too hard on myself (I’ll never pass on one of Rebecca’s pep talks!).
The most recent addition to my responsibilities has been assisting Angela with an ETDL file (“Estate Trustee During Litigation”). As a legal assistant, working on an ETDL file requires constant monitoring and communication with counsel. Accordingly, I was able to develop my multitasking skills and learn to better prioritize tasks. Though it can be challenging at times, I am especially grateful for the opportunity to work on this type of file because I’ve been able to do more independent work and exercise initiative.
Working at Casey and Moss continues to be an invaluable experience. As I come up on one full year with this firm, I reflect on my development as both a Casey and Moss employee and as a person. Without this team, I would not be where I am or who I am today.
I look forward to another year in my career journey with Casey and Moss!
Hannah Henley
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Aug 30, 2024
We are proud announce that Casey & Moss LLP partners Angela Casey, Angelique Moss, Cara Zacks, and Laura Cardiff have been recognized in the 2025 Edition of The Best Lawyers in Canada™.
Additionally, we are thrilled to congratulate Zara Wong and Adam Giancola on their well-deserved achievement of being named in the 2025 Edition of the Best Lawyers: Ones to Watch in Canada™.
We are extremely honoured to be recognized by Best Lawyers since 2017!
