Not Doing Anything About Abuse
A lawyer or limited licensee involved in the drafting or use of a power of attorney:
- owes a duty to their client; and
- takes instructions from them.
Their client may be the grantor or person who has been appointed under a power of attorney.
The lawyer or limited licensee also owes a duty of confidentiality to their client. This means that they cannot disclose to you:
- any advice given to the client; or
- instructions received from the client.
The Law Society does not have the ability to remove a person appointed under a power of attorney or revoke a power of attorney. If you believe a power of attorney is being abused:
- an ‘interested person’ may ask a judge, via a court application, to revoke their authority; and
- the attorney may be sued to try to recover money from them.
We suggest you seek legal advice to pursue these options.
If the attorney has committed fraud or appears to be guilty of theft or some other offence, the police or RCMP may bring criminal charges against them.
See the Government of Saskatchewan website for more information.
Common Questions
An interested person is someone who has a legitimate interest in the management of the grantor’s finances and property. The grantor is the person who is the subject of the power of attorney. Determining who is an interested party is a decision for the courts.
To find legal assistance, see the Finding Legal Assistance page on the Law Society website.