Removal, oversight and accountability of attorneys in Ontario

Law360 Canada (October 15, 2025, 9:41 AM EDT) --

Yana Fox

When a person loses the ability to manage their finances or personal care, a power of attorney can become a powerful tool. It allows someone — the attorney — to step into the grantor’s shoes and make critical decisions about their property, health and daily life. But with power comes responsibility, and sometimes, abuse.

Disputes over the conduct of attorneys are increasingly landing before Ontario courts. Questions arise about whether an attorney is acting in the incapable person’s best interests, how to monitor their actions and when — if ever — they can be removed. This article explores these questions through the lens of Ontario’s Substitute Decisions Act, 1992, S.O. 1992, c. 30 (SDA) and the case law addressing accountability, removal, and the courts’ supervisory role.

Understanding the attorney’s role

A power of attorney often grants broad authority to act on behalf of another person. Attorneys for property can manage bank accounts, pay bills or sell assets, while attorneys for personal care make decisions about health, residence and support. These roles carry fiduciary obligations: attorneys must act honestly, in good faith and in the incapable person’s best interests.

Yet tensions often arise when family members disagree over how those duties are being exercised. One sibling may accuse another of mismanaging funds; an adult child may question decisions about a parent’s care home placement. The SDA provides legal mechanisms to address these situations while respecting the autonomy of the grantor who chose the attorney.

Who can challenge an attorney

Section 42(1) of the SDA enumerates individuals who may apply to court, by way of application, to compel an attorney to pass their accounts — a process where financial records are submitted for judicial review. Courts apply a two-part test, asking whether (1) the person seeking leave has a genuine interest in the grantor’s welfare, and (2) a hearing may realistically result in an order for the attorney to account (Lewis v. Lewis, 2020 ONCA 56 at para. 5 citing Ali v. Fruci, 2006 O.J. No. 1093, at para. 3)

Removal of an attorney by court order

If accounting reveals serious misconduct, or if the attorney’s decisions are plainly inconsistent with the incapable person’s best interests, removal may follow. Courts are cautious, emphasizing that a valid power of attorney represents the grantor’s deliberate choice. Interference is therefore justified only where strong and compelling evidence demonstrates breach of duty or neglect.

In Bellefeuille v. Bellefeuille, 2018 ONSC 6802, the court terminated a daughter’s power of attorney after she put her mother’s funds into her own personal bank account, used her mother’s money to purchase household appliances for herself, created false health concerns relating to her mother and failed to comply with a prior court order to provide a full accounting (Bellefeuille, paras. 24-27)

In contrast, in Bogue (Attorney for Property for) v. Bogue (Attorney for Property for), 2024 ONSC 3377, the court faced a different kind of breach — one rooted not in financial gain, but in misplaced judgment. The respondent, Glenn Bogue, was his 97-year-old mother’s attorney for property. After the sale of her home, the proceeds remained frozen in trust because he refused to release the funds for her care. Bogue insisted that a large portion of the money be distributed to himself and his siblings and claimed that Canada’s banking system was on the verge of collapse.

Justice Andrew A. Sanfilippo found that this conduct revealed a fundamental misunderstanding of an attorney’s role. By allowing his personal beliefs and family disputes to dictate his actions, Bogue had subordinated his mother’s immediate needs to his own concerns. The court held that his refusal to use her money for her benefit demonstrated a failure to act in her best interests and ordered his removal as attorney (Bogue, paras. 24-30)

Conclusion

A power of attorney is both a shield and a sword: it safeguards the grantor’s affairs while offering potential for misuse if placed in the wrong hands. The SDA provides the tools — removal, passing of accounts, and judicial directions — to ensure that those entrusted with such authority are held to the highest standards of honesty and care.

For practitioners, caregivers and families, understanding how to use these tools effectively is essential. If you are interested in exploring these issues further — including the process for removal and replacement of attorneys and standing to bring such an application, then join us for a launch and learn seminar on this topic that will feature Liza Saad of Saad Estate Law, Bradley Phillips and Yana Fox of Wagner Sidlofsky LLP on October 21, 2025 at 12:00 pm. For more information and to register, please access this link.

Yana Fox is a lawyer at Wagner Sidlofsky LLP practising in the estate and commercial litigation groups.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

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