45 St. Clair Ave. West, Suite 600
Toronto, Ontario, M4V 1K9
Tel: (416) 925-7400 Fax: (416) 925-7464

POA Weekly – Week 6: What is the Standard of Care Owed by an Attorney for Property?

The standard of care that an Attorney, under a POA for Property must exercise in managing property, in part, depends on whether, or not, compensation is being taken or received.  Where no compensation is taken, the attorney is required to exercise the degree of care, diligence and skill that a person of ordinary prudence would exercise in the conduct of his or her own affairs.[1]  The standard of care increases where the attorney receives compensation.  An attorney in this case would be required to exercise a degree of care, diligence and skill that a person in the business of managing the property of others is required to exercise.[2]

An Attorney for Property is liable for damages resulting from a breach of duty.[3]  The Attorney for Property may be relieved from all, or part of this liability, if the court is satisfied that the attorney nevertheless acted honestly, reasonably and diligently.[4]

[1] Substitute Decisions Act, 1992, SO 1992, c 30, s. 32(7), s. 38(1).

[2] Ibid.

[3] Ibid at s. 33(1), s. 38(1).

[4] Ibid at s. 33(2), s. 38(1).

Previous Post:
Next Post:
Click here or on top Blog logo to return to Blog front page.

Search Blog by Keyword(s)

Site Search

Site Map