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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 Attorney document:

  •  Legal Document - Power of Attorney Who is the Governing Law (i.e. Government of Ontario)?
  • Who is the Donor (person who wishes for an agent to act on their behalf)?
  • Who is the Attorney (the agent who will act on the Donor’s behalf)?
  • 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.

 

Canadian Legal Documents | Legal Definitions

Power of Attorney | Business Documents | Will | Name Change
Property Lease or Rental | Bill of Sale | Loan Agreement | Family Law