POWER OF ATTORNEY

On Law for residents in Canada  

In Canada, the Powers of attorney is governed by the law of "agency", a branch of common law concerned with the delegation of power from one person, generally called the principal, to another, called an agent.

A power of attorney is a document that allows a person to give another person, called the attorney, the authority to act for the principal in financial and legal matters. When a person becomes incapacitated, the government or the court often steps in and appoints some one to represent and take any legal decisions the person would have to take. One of the methods to avoid government or court intervention, and to appoint a stranger or a bureaucrat would be to appoint a power of attorney. The power can be as specific or as general as the principal wants it to be. But unless the principal uses an enduring power of attorney, it will automatically end if the principal become mentally incompetent. There is no requirement of getting power of attorney registered.

A Power of attorney is recognized in Canada, however each state in Canada provides different rules and protocols regarding the Power of Attorney. Any specific requirements or queries regarding Power of Attorney should be directed to an attorney licensed in the state where the Power of Attorney is to be held.

Some of the specific rules and regulations in the different states of Canada are stated herein below:

• In Quebec, the power of attorney is known as the "mandate".

• Some provinces do not recognize the "springing power of

   attorney”.

• Some provinces require two witnesses before a power of

   attorney can be valid; other provinces require that the power

   of attorney be registered in the courthouse.

• Some provinces exclude certain persons from acting as

   attorney to a power of attorney while others require special

   government forms to be used.

Types of Powers of Attorney

The Power of Attorney must be signed by both the donor and the attorney and preferably be notarized. In general, all Powers of Attorneys fall into one of two categories in terms of nature of authority.

Financial Affairs

Financial affairs might arise regarding the management of personal property, including the paying of mortgages and bills, authority over bank, the filing of income tax and the like.
   

Personal Care 

Personal Care would include any and all matters dealing with health and general welfare, accommodation, personal health and physical safety.

In Ontario there are three kinds of Powers of Attorney:

• A Continuing Power of Attorney for property that covers

   financial affairs and allows the person named to act for the

   principal even if the principal becomes mentally incapable.

• A Power of Attorney for personal care that covers the personal

   decisions, such as housing and health care.

• A non-continuing Power of Attorney for Property covering

   financial affairs but can’t be used if the principal become

   mentally incapable. This Power of Attorney can be given, for

   example, if someone is needed to look after the principal’s

   financial transactions while the principal is away from home for

   an extended period of time.