-POWER OF ATTORNEY
-PROPERTY LEASE OR
-BILL OF SALE
POWER OF ATTORNEY
A Power of Attorney is a document authorizing one person to act on another
person’s behalf. It bestows upon the agent to carry out certain
acts on behalf of the authorizing person. The authorizing person is the
Donor; the agent of the Donor is the Attorney.
Below are some of the questions to be answered on a Power of
- Who is
the Governing Law (i.e. Government of Ontario)?
- Who is the Donor (person who wishes for an agent to act on their
- Who is the Attorney (the agent who will act on the Donor’s
- Type of Power of Attorney – Ordinary or Enduring? Unlike an
Ordinary Power of Attorney, an Enduring Power of Attorney will not come
to end if the Donor becomes mentally incapable of taking care of their
own affairs. It can be changed or revoked while the Donor is still capable
of making decisions.
- Type of Power – General Power or Specific Power?
- Restrictions? The Donor must specify whether or not he or she wishes
to restrict the Attorney’s power and give only specific authority.
The purpose of this document is to pass authority onto a responsible
person when the Donor is unable to carry out certain responsibilities.
For example, if both your parents were incapacitated and living in a full
care facility, they might assign you the responsibility of looking after
their assets and affairs, providing you with the Power of Attorney, which
would authorize you to act on their behalf.
- An Enduring Power of Attorney or Continuing Power of Attorney concerns
property, and deals with a person’s personal possessions and finances.
- A General Power of Attorney deals with decisions concerning a person’s
personal health care, such as hygiene, living habits and accommodation,
including giving consent to medical treatment.
The amount of responsibility given to the Attorney/agent depends upon
the wishes of the Donor. The most important purpose of a Power of Attorney
document is to validate the authority of the Attorney/agent to third parties
with whom the agent will have to deal with.
For lawyer prepared Power
of Attorney forms see www.findlegalforms.com.