Digest: Hood v Hrycyna, 2018 SKQB 63

Date:February 22, 2018

Reported as: 2018 SKQB 63

Docket Number: QBG 254/17 JCB , QB17466

Court: Court of Queen's Bench

Date: 2018-02-22

Judges:

  • Scherman

Subjects:

  • Power of Attorney -- Capacity

Digest: The applicant sought a declaration that a power of attorney (POA) executed in 2010 regarding Vera Hrycyna remained valid and operative, and thereby finding that a subsequent POA in favour of the respondent, Peter Hrycyna, was invalid. The applicant also applied to be appointed as the personal and property guardian of Vera under The Adult Guardianship and Co-decision-making Act (AGCA) on the grounds that Vera was incapable of making appropriate personal or property decisions due to dementia. The respondent opposed both applications. Vera had begun living with the applicant in 2016 because the applicant believed that she was developing dementia. In 2017, the applicant�s belief was confirmed after an assessment had been conducted of Vera by a geriatric psychiatrist and a practitioner of geriatric medicine. The doctors concluded in April 2017 that the Vera was incapable of making informed decisions about her personal life, health care or finances. They issued a letter advising that Vera should not sign any legal document or make any changes to pre-existing versions of legal documents such as a POA or a will. A month after the assessment, the applicant agreed to the respondent�s proposal that he take Vera for a short visit with him, but he failed to return her to the applicant�s home. In June 2017, the respondent obtained a physician�s letter stating that Vera was of sound mind and able to manage her own affairs. After Vera executed various legal documents, such as appointing the respondent her POA, a lawyer advised the applicant in September 2017 that he had been retained by Vera to deal with the applicant�s abuse of the authority given by the POA and that it had been revoked and a new attorney appointed. Vera had executed an enduring POA appointing the respondent as her personal and property attorney before this lawyer and he had completed a certificate of legal advice stating he explained the nature...

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