Power of Attorney

[bigboysdad]

Hello all

I've been trying to figure this out and need some help.

Situation- I signed a power of attorntey in early 1999 giving the "X"
full powers due to my issues,as we were married at the time.
October 1999 she petitions for divorce,is successful in obtaining a order dated 2001.Order "allows" for equal division of property.It also says" each will keep what is in their possesion at that time."
Of course the figures where "fudged" and i believe that i got the short end.
So,an accounting was not done and years later(now) i find my "faculties??" and am looking for equalization.

In original order(2001) the "fudging" comes in as she reports that the value of the house has not changed in 15 yrs,she has no pension money and the contents of the house are worth nothing.
In a consent order of 2005,she attaches values for these items.
I figure equalization would be worth 40,000 to me.

As i'm going back soon to vary the consent order,I'm trying to figure out how to include this information OR could/should i file a seperate motion.
It's been a long time since the original order although the information was finally provided in the 2005 order.

The courts know nothing about this power of attorney.
What recourse can i pursue??

thanks
bbd

[Mess]

You cannot reopen equalization after 6 years have passed. You have a hard time arguing fraud as you didn't contest the original amounts and when she disclosed the differences several years later you didn't challenge it. You were residing in the house all that time, it didn't occur to you that the value had changed in 15 years either.

I'm not sure what the point is of bringing up the power of attorney? If it is still in effect, certainly you must get it changed, but you should be speaking to a civil lawyer with this specialty. I don't believe most divorce lawyers handle this sort of thing, mine certainly didn't.

[OrleansLawyer]

you should be speaking to a civil lawyer with this specialty. I don't believe most divorce lawyers handle this sort of thing, mine certainly didn't.

Some family lawyers do, some don't. In my firm, I believe 75% do the occasional Will and POA when the need arises, since separations usually bring about a need for a new will. If you are only looking for a simple power of attorney I suggest calling a few firms closest to your house and go with the best price. Once you have the new one (with clause revoking all previous ones), notify anyone who may have a previous POA that it is invalid, requesting its return.

[bigboysdad]

mess

A power of attorney is designed so as one cannot be taken advantage of,and the "attorney" for such agreement conducts all business for the person giving them this right.
If the "attorney" is the wife at the time and a seperation/divorce is happening,would it not be "against the rules" that the courts know nothing of this agreement as the other ignores such agreement??
thx
bbd

[OrleansLawyer]

A power of attorney is designed so as one cannot be taken advantage of

Usually there will set out the conditions in which the power may be exercised; for example, "when incapacitated or incompetent".

would it not be "against the rules" that the courts know nothing of this agreement as the other ignores such agreement??

A power of attorney is granted; it is not an agreement or contract. It may be revoked unilaterally by the grantor or refused by the attorney. It is unrelated to the family matter unless there is concern that the grantor is incompetent.

[bigboysdad]

Exactly,If this POA was in force at the time of seperation,would it not be relevant and mandatory to "disclose"???
bbd

[OrleansLawyer]

and mandatory to "disclose"???

Since both parties have knowledge, either could bring the matter to the court's attention.

[Tayken]

Since both parties have knowledge, either could bring the matter to the court's attention.

Excellent point.

One does question for what reason the power of attorney was granted in the first place.

[mcdreamy]

Excellent point.

One does question for what reason the power of attorney was granted in the first place.

Tayken, it`s fairly common during general estate planning to have reciprocal wills and attorneys completed and signed during marriage
That said, the moment there is a separation,, the onus should be on the donor to revoke the attorney to the donee.

[Tayken]

Tayken, it`s fairly common during general estate planning to have reciprocal wills and attorneys completed and signed during marriage.

That said, the moment there is a separation,, the onus should be on the donor to revoke the attorney to the donee.

To quote the OP:

Situation- I signed a power of attorntey in early 1999 giving the "X"
full powers due to my issues,as we were married at the time.

Doesn't seem like it is "estate planning" situation.

[bigboysdad]

The P of A was given/granted to the ex(wife at the time) due to incapacitation issues.Therefore,if i get this in front of a judge,i would think that the original judgement would be set aside.11 years is a long time but, in a sitiuation such as this it would be neccessary and required to be included..???
thx

[Learner]

Are you saying that your ex-wife was using the POA to act for you during the divorce? And that she used it to skew the equalization to her benefit? I don't see how the court would allow that as it is a clear conflict of interest. And how would she do that without the court's knowledge?

[OhMy]

bigboysdad,

Here is a link to an inexpensive, but just as legal way to change your power of attorney for both property and personal care.

http://www.attorneygeneral.jus.gov.o...ly/pgt/poa.pdf

Hope it helps.

[OrleansLawyer]

The POA should include a clause permitting OP to revoke it at any time.

A letter saying "I NAMENAME hereby revoke the POA dated DATEDATE given to OTHERNAME. Please return all originals and copies to me" can often be effective for getting the documents back.

If OP has ongoing issues then a new POA would likely be desirable and would similarly be used to revoke the previous one.

For extra clarity, you can inform them that the letter is pursuant to s.12 of the substitute decisions act - Substitute Decisions Act, 1992, S.O. 1992, c. 30 - for property or s.53 for personal care - Substitute Decisions Act, 1992, S.O. 1992, c.30.

[bigboysdad]

Leaner,,,I had a P o A in force at the time of divorce which was granted to her about 1 year before the seperation.What she did was, ignoring the document completely,as like it didn't exist.So the court did not see it.I have since recovered from my "issues" and have revoked this since then.
Yes,a unequal division of property did happen.
thx,ohmy.