POWER OF ATTORNEY & GUARDIANSHIP DISPUTES AND LITIGATION
At Bobila Walker Law, we assist clients with various matters related to powers of attorney, which are legal documents granting an individual the authority to make decisions on behalf of another person. Powers of attorney can be granted for property management or personal care, and they come into effect under specific conditions.
For individuals aged 18 or older with the requisite mental capacity, a power of attorney for property can be granted to another person, group, or trust company. This document typically takes effect immediately upon signing, unless the grantor specifies that it will only become effective under a particular condition, such as the grantor’s incapacity or a written instruction from the grantor.
A person who is 16 or older and has the mental capacity to do so can also grant a power of attorney for personal care, allowing another person to make decisions regarding their health care, shelter, nutrition, clothing, and hygiene. This document only becomes effective if the grantor becomes incapable of making these decisions.
In these arrangements, the individual who grants the power of attorney is known as the “grantor,” while the person or people appointed to act on the grantor’s behalf are the “attorneys.”
Disputes can arise in relation to powers of attorney, and Bobila Walker Law has extensive experience in handling these matters. Common disputes include:
• Conflicts between individuals granted joint powers of attorney, regarding how decisions should be made.
• Failure of the attorney to fulfill their legal duties or breach of fiduciary duty to the grantor, or negligence in carrying out their responsibilities.
• Allegations that the power of attorney was fraudulently obtained, where the grantor either lacked the mental capacity or did not intend to grant authority to the attorney.
• Challenges to the grantor’s mental capacity at the time of granting the power of attorney, or questions about whether the document was properly executed.
• Disputes over changes to a power of attorney, such as when the grantor revokes and reappoints different individuals multiple times, creating confusion or conflict among the attorneys.
• Concerns about the attorney mismanaging or co-mingling the grantor’s assets, or failing to properly account for those assets.
• Disagreements about whether the power of attorney has taken effect and the attorney’s obligation to act.
Our team at Bobila Walker Law is here to guide you through any disputes involving powers of attorney. We are committed to protecting your interests and ensuring that any decisions made on your behalf align with your wishes and the law. If you’re facing a dispute related to a power of attorney, contact us for expert legal support.
Power of Attorney in Ontario: Everything You Should Know What is a Power of Attorney?
In Ontario, a Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf and represent you in various matters. The authority granted can be general or limited to specific tasks, such as managing finances, paying bills, selling property, or making healthcare decisions. This authority is granted in advance by the individual creating the POA (the “grantor”, “donor”, or “maker”).
In Ontario, there are two primary types of Power of Attorney documents: the Power of Attorney for Property and the Power of Attorney for Personal Care. Here’s a closer look at the key differences.
What is a Power of Attorney for Personal Care in Ontario?
A Power of Attorney for Personal Care allows someone to make decisions about your health care, living arrangements, meals, clothing, and other personal care matters if you are unable to make those decisions yourself. This person will represent your wishes regarding your health care, including life support measures and other advanced directives, in accordance with the instructions you’ve outlined in your will or POA documents.
Typically, your attorney for personal care will be a spouse, close relative, or trusted friend who understands your values and has sound judgment.
What is a Living Will in Ontario?
While Ontario law does not officially recognize the term “living will”, it refers to a document expressing your medical wishes for end-of-life care. In legal terms, this document is known as an “advance directive”. An advance directive outlines your treatment preferences and personal care instructions, and it can be incorporated into your Power of Attorney documents.
Under Ontario law, your attorney is required to adhere to any directives or instructions you have provided in your Power of Attorney or advance directive, with the only exception being if those instructions cannot be reasonably followed at the time of decision-making.
What is a Power of Attorney for Property in Ontario?
In Ontario, a Continuing Power of Attorney for Property allows you to designate someone to manage your property and finances in the event you become medically incapacitated. This authority includes handling tasks like paying bills, managing investments, and collecting any money owed to you, ensuring that your financial matters continue smoothly when you are unable to make decisions for yourself.
Ontario also recognizes a non-continuing Power of Attorney for Property, which differs from the continuing version in that it becomes invalid if you become mentally incapable. Typically, this type of POA is used for specific, limited-time situations, such as if you need help managing your finances while traveling or handling a one-time financial matter.
Why Should You Have a Power of Attorney?
A Power of Attorney (POA) is essential for ensuring that someone you trust can make decisions on your behalf about your property, finances, personal life, and medical care in the event you become incapacitated and are unable to make those decisions yourself. By outlining your preferences in advance, you can help guide your attorney to act in line with your wishes.
Contrary to popular belief, a Power of Attorney is not just for seniors or those planning for end-of-life care. POA documents provide crucial protection in the event of incapacitation, regardless of your age. Whether due to an unexpected accident or medical emergency, a POA ensures your affairs are managed when you can’t.
While no one hopes for their POA to be activated, it can be a safeguard for your finances, health, and personal decisions should you become incapacitated. Think of your POA as a form of disability insurance that protects you while you’re alive, whereas a will functions like life insurance, ensuring your loved ones are cared for after you pass.
Please contact our power of attorney and guardianship lawyers to discuss your case.
Contact us
At Bobila Walker Law, we assist clients with various matters related to powers of attorney, which are legal documents granting an individual the authority to make decisions on behalf of another person. Powers of attorney can be granted for property management or personal care, and they come into effect under specific conditions.
For individuals aged 18 or older with the requisite mental capacity, a power of attorney for property can be granted to another person, group, or trust company. This document typically takes effect immediately upon signing, unless the grantor specifies that it will only become effective under a particular condition, such as the grantor’s incapacity or a written instruction from the grantor.
A person who is 16 or older and has the mental capacity to do so can also grant a power of attorney for personal care, allowing another person to make decisions regarding their health care, shelter, nutrition, clothing, and hygiene. This document only becomes effective if the grantor becomes incapable of making these decisions.
In these arrangements, the individual who grants the power of attorney is known as the “grantor,” while the person or people appointed to act on the grantor’s behalf are the “attorneys.”
Disputes can arise in relation to powers of attorney, and Bobila Walker Law has extensive experience in handling these matters. Common disputes include:
• Conflicts between individuals granted joint powers of attorney, regarding how decisions should be made.
• Failure of the attorney to fulfill their legal duties or breach of fiduciary duty to the grantor, or negligence in carrying out their responsibilities.
• Allegations that the power of attorney was fraudulently obtained, where the grantor either lacked the mental capacity or did not intend to grant authority to the attorney.
• Challenges to the grantor’s mental capacity at the time of granting the power of attorney, or questions about whether the document was properly executed.
• Disputes over changes to a power of attorney, such as when the grantor revokes and reappoints different individuals multiple times, creating confusion or conflict among the attorneys.
• Concerns about the attorney mismanaging or co-mingling the grantor’s assets, or failing to properly account for those assets.
• Disagreements about whether the power of attorney has taken effect and the attorney’s obligation to act.
Our team at Bobila Walker Law is here to guide you through any disputes involving powers of attorney. We are committed to protecting your interests and ensuring that any decisions made on your behalf align with your wishes and the law. If you’re facing a dispute related to a power of attorney, contact us for expert legal support.
Power of Attorney in Ontario: Everything You Should Know What is a Power of Attorney?
In Ontario, a Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf and represent you in various matters. The authority granted can be general or limited to specific tasks, such as managing finances, paying bills, selling property, or making healthcare decisions. This authority is granted in advance by the individual creating the POA (the “grantor”, “donor”, or “maker”).
In Ontario, there are two primary types of Power of Attorney documents: the Power of Attorney for Property and the Power of Attorney for Personal Care. Here’s a closer look at the key differences.
What is a Power of Attorney for Personal Care in Ontario?
A Power of Attorney for Personal Care allows someone to make decisions about your health care, living arrangements, meals, clothing, and other personal care matters if you are unable to make those decisions yourself. This person will represent your wishes regarding your health care, including life support measures and other advanced directives, in accordance with the instructions you’ve outlined in your will or POA documents.
Typically, your attorney for personal care will be a spouse, close relative, or trusted friend who understands your values and has sound judgment.
What is a Living Will in Ontario?
While Ontario law does not officially recognize the term “living will”, it refers to a document expressing your medical wishes for end-of-life care. In legal terms, this document is known as an “advance directive”. An advance directive outlines your treatment preferences and personal care instructions, and it can be incorporated into your Power of Attorney documents.
Under Ontario law, your attorney is required to adhere to any directives or instructions you have provided in your Power of Attorney or advance directive, with the only exception being if those instructions cannot be reasonably followed at the time of decision-making.
What is a Power of Attorney for Property in Ontario?
In Ontario, a Continuing Power of Attorney for Property allows you to designate someone to manage your property and finances in the event you become medically incapacitated. This authority includes handling tasks like paying bills, managing investments, and collecting any money owed to you, ensuring that your financial matters continue smoothly when you are unable to make decisions for yourself.
Ontario also recognizes a non-continuing Power of Attorney for Property, which differs from the continuing version in that it becomes invalid if you become mentally incapable. Typically, this type of POA is used for specific, limited-time situations, such as if you need help managing your finances while traveling or handling a one-time financial matter.
Why Should You Have a Power of Attorney?
A Power of Attorney (POA) is essential for ensuring that someone you trust can make decisions on your behalf about your property, finances, personal life, and medical care in the event you become incapacitated and are unable to make those decisions yourself. By outlining your preferences in advance, you can help guide your attorney to act in line with your wishes.
Contrary to popular belief, a Power of Attorney is not just for seniors or those planning for end-of-life care. POA documents provide crucial protection in the event of incapacitation, regardless of your age. Whether due to an unexpected accident or medical emergency, a POA ensures your affairs are managed when you can’t.
While no one hopes for their POA to be activated, it can be a safeguard for your finances, health, and personal decisions should you become incapacitated. Think of your POA as a form of disability insurance that protects you while you’re alive, whereas a will functions like life insurance, ensuring your loved ones are cared for after you pass.
Please contact our power of attorney and guardianship lawyers to discuss your case.
our Team
DANIEL
WALKER
MANAGING PARTNER
Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.
Estate, Trusts & Fiduciary Litigation
Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:
- Contested will challenges
- Breaches of fiduciary duty and trust
- Power of attorney disputes
- Guardianship and capacity litigation
- Dependant’s relief claims under the Succession Law Reform Act
- Complex intestacies
- Trust rectification and variation applications
He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.
Passing of Accounts (Contentious & Non-Contentious)
Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.
Complex Family Law & Cross-Border Litigation
Daniel brings unique expertise to family law disputes:
- High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
- Advises clients through every phase of separation, divorce and related disputes.
- Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance.
- Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.
German-Speaking Legal Services
Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.
Professional Background
Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:
- The in-house legal team at Rogers Communications
- The Office of the Privacy Commissioner of Canada
Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.
Guardianship and Power of Attorney Disputes
Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law. Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.
Estates Administration
Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.
Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.
Civil and Commercial Litigation
Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.
Elder Abuse & Elder Law
With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.
Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.
Whistleblower Protection & Crisis Management
Daniel provides legal support to whistleblowers, professionals, and institutions navigating:
- Professional discipline proceedings
- Matters of national security and confidentiality
- Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
- International immunity and state actor litigation
With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.
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