What is the standard of care required by an attorney acting under a Power of Attorney?
British Columbia, Canada
The following excerpt is from McMullen v. Webber et al, 2006 BCSC 1656 (CanLII):
In Andreasen v. Daniels-Ferrie, 2001 BCSC 1503, Quijano J. described the requisite standard of care that was to be expected when utilizing a power of attorney at para. 27: [I]t is well established that the attorney acting under a power of attorney does so in a fiduciary relationship with the donor and that, in addition to whatever duties may be enunciated on the face of the instrument, even where the attorney acts gratuitously he or she has a duty to account, to exercise reasonable care as would a typically prudent person managing his or her own affairs, and not act contrary to the interests of the donor.
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