Ontario/Power of Attorney

[Marly]

My husband and his 2 brothers are P.O.A.'s of their fathers' will. My husbands' father has been living with us since his illness in 12/07, me being the primary caregiver. I forfeited my job to look after him. While working I was making approx.$13.00 p/h. working only P/T. My father in law is someone who needs F/T care. At first I agreed to receiving 200.00 p/w to care for him, however I didn't realize what I had taken on. Anyhow to get to the bottom line, my father in law sold his property and gave his 3 sons a share of what he received. The share was split equally, this was after he had actually done his first will leaving his property to all 3 sons. Because he is living with us, he agreed to pay the heating bill, some groceries etc. to help out. He also had my husband sign on his BankAccount for it to be a joint account. We have used his account and have asked and told him when we do. Brother #2 has only in one and a half yrs. taken his father for a 3 wk.period. that being over a year ago. Apparently he checked the bank account and was ticked that we had used his fathers account and asked that it be frozen. This was because he was mad at me for talking to his wife about how I was worried about him when he stopped in a few wks. ago (taking prescription meds that she was unaware of) apparently I ratted him out. His wife is dead against any pain meds' in her eyes they are all addictive. (She is also my sister). Could you please tell me if his father has asked us several times to make a lawyers appt' to change his will, leaving all that he has in his account to us as we have been his primary caregivers and have done everything for him, the other 2 brothers are unaware of his intentions. The only break I get is when homecare comes in 5 hrs. per wk. Is it legal for this brother #2 to actually check the Bank Account out if only his father and my husbands name are on the account (with him being one of the P.O.A.'s) This is not the first occassion we have had with outbursts from him and his wife, there have been a few more, no doubt to the point that I could have had her charged for uttering threats that she was going to call and report Elder Abuse and whoever else she could call, but never have they said "Dad" would you like to come and spend time with us. This was the agreement in the beginning, it never happend.
They are now blaming us saying that we are stopping him from going to their place. Which is definetly not the truth. My husband and I have not had a wknd. to ourselves in a yr. and a half and would welcome the offer believe me. Looking after someone 11hrs. per day can become quite stressful.
Question One: Should brother (2) be able to check bank account even though its in brother (1's)name and father, and my husband using his account and letting his father know.
Question Two: Should I be paying myself an income which I no longer have,I care for him constantly, Dr.appts',hospital visits' etc. He is with me constantly and trusts me like no other. He is well fed, given his meds, washed, clothing cleaned,drive out of town to his family physician, the list goes on.
Would this be used against us as Elder Abuse. Please don't get me wrong, I love my father in law dearly and would never put him in a home unless I had no alternative.

Only one listed on the account or with a POA may see account info.

You should pay yourself if all agree and only if all agree. Tell them you need some support if you have to take this nearly full-time burden upon yourself.

The following is taken from legal information I was given. I too have PA over my 90 year-old aunt and am her health care proxy. Even though she is in a senior's residence, I handle all her financial affairs and she needs bi-weekly support for medical/dental appointments and shopping. I follow these Ontario regulations

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The power of attorney document should address the question of attorney compensation.
The law is vague on the question of compensation for those acting under a power of attorney, where compensation is not provided for in the power of attorney document.

Some provincial statutes explicitly or implicitly authorize compensation. In Ontario, the law provides for compensation for those serving as an attorney, in absence of any compensation explicitly stated in the powers of attorney document. The fees are:
• 3% of capital and revenue receipts,
• 3% of capital and revenue disbursements,
• .60% of the value (average) of assets, where annual administration and management of property is required.

In British Columbia, the law does not provide for compensation where the document itself does not specify.Representation Agreement Act, R.S.B.C. 1996, c. 405, section 26.

An attorney receiving compensation may be held to a higher standard than one who is not compensated. In the provinces of Ontario and Manitoba, an attorney must perform his or her duties with the care, diligence and skill that is required of someone in the business of managing the property of others. If compensation is not received, only the care, diligence and skill that a person of ordinary prudence would exercise in their own affairs is expected of an attorney.

Unless your Power of Attorney states otherwise, Ontario law gives your Attorney the right to receive payment for work done on your behalf. Payment is awarded pursuant to a fee schedule set by statute. However, where you choose a close family member as your Attorney, normally, they are serving out of natural love and affection for you. In this case you would provide in your Power of Attorney document that no compensation be paid to your Attorney.

Thx!