Powers of Attorney

Powers-of-AttorneyWhat exactly is a Power of Attorney?
A Power of Attorney is a legal document that gives someone else the right to act on your behalf.

Are there different kinds of Power of Attorney?
Yes. In Ontario there are three kinds of Power of Attorney. Two are commonly prepared at the same time as your will. A Continuing Power of Attorney for Property (CPOA) covers your financial affairs and allows the person you name to act for you even if you become mentally incapable. With this document, your named attorney can do anything that you can legally do (such as access your bank accounts, sell your home), except make a new Will. A Power of Attorney for Personal Care (POAPC) covers your personal decisions, such as housing and health care. A Non-Continuing, or Limited Power of Attorney covers your financial affairs but cannot be used if you become mentally incapable. You might give this power of attorney in the event you need someone to look after your financial transactions while you’re away from home for an extended period of time, or attend to some other specific task that would require your signature if you are unable to do so yourself.

Do I Need to issue a Power of Attorney?
No. Delegating a power of attorney is voluntary.

What does the term “Attorney” mean?
The term “Attorney”, when giving a power of attorney, refers to the person or people you have chosen to act on your behalf. He or she does not have to be a lawyer, but it should be someone you trust completely to manage your affairs.

Who can I appoint as my “Attorney”?
You can appoint anyone you choose as long as they are over 18 years of age. You can also name more than one person and those named can act together or individually depending on circumstances.

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