All About Estates
By Susan J. Hyatt
March 30th, 2026
Frequently in our practice, we have observed gender imbalance with POA appointments.
It seems that traditional approaches and societal norms are underpinning the practice of the daughter being given the caregiver role and the son looking after finances and property, even though their skills and abilities may not match those roles.
A colleague recently mentioned that he and his siblings were shocked when his mom suffered a stroke without warning. One minute, she was an active 70-year-old in good health, and the next, he and his siblings were suddenly responsible for her care and finances. His mother had signed Power of Attorney (POA) documents, but the enactment of those directions and the unequal representation of the siblings started a long list of conflicts among them.
Best practice for estate planning professionals is to create a schedule of tasks for clients, including wills, POA documents for personal care and for property, as well as regular reviews. While those scheduled lists may “tick the box” for having POA documents in place, the grantors often do not anticipate or review the practicalities of who, when, and how to carry out the responsibilities.
In the scenario above, although the mother had her POA documents in place, the son learned that he and his brother were jointly responsible for managing her finances. In practical terms, jointly meant that every cheque written, every cash withdrawal, and every financial decision and action required both his and his brother’s signature. The brothers live in different provinces, so it became onerous to co-sign everything.
Additionally, the older sister was a bank executive who was considered “the financial expert” in the family, yet she was puzzled as to why her mother did not appoint her as an Attorney for Property. The two sisters were appointed the attorneys for personal care (jointly).
Our practice experience over the past decade demonstrates that conflict can be related to gender imbalance with the POA roles and responsibilities. Does the research data support this observation? The data does support the view that traditionally, women predominantly are the caregivers for the elderly.
