POWER OF ATTORNEY?

Anyone signing a Power of Attorney should be aware of the following:

  1. If more than one Power of Attorney is appointed, it is necessary to indicate whether or not the attorneys are to act jointly (both must sign), severally (either may sign), or successively (if the first cannot act, the second shall act).

  2. If the appointment is joint, decisions must be unanimous. If your attorneys are appointed jointly, a surviving attorney may act if the other attorney dies, or indicates in writing that he/she is unwilling or unable to act, or is found by a court to lack proper capacity.

  3. Your attorney may charge a fee, however, if a fee is charged, your attorney must provide the Court of Queen’s Bench with an annual accounting.

  4. The person granting the Power of Attorney may request an accounting, and, if that person does not have the capacity to request an accounting, an accounting may be requested by one of the grantor’s adult family members. The person granting the Power of Attorney may indicate, in writing, to whom an accounting is to be provided.

  5. A Power of Attorney ends: 

    • upon the death of the named Power of Attorney 

    • upon the mental incompetence of the Power of Attorney;

    • upon the resignation of the Power of Attorney;

    • upon the court appointing a property guardian.

    • upon the death of the grantor of the Power of Attorney, the executor or court appointed administrator looks after the estate and not the Power of Attorney; 

  6. In the event your Power of Attorney is or becomes bankrupt or has been convicted of a criminal act involving violence, theft, or fraud (unless the Power of Attorney disclosed the criminal act to you and you consented, in writing, to that person acting as your attorney), your Power of Attorney cannot act (or continue to act) for you.

  7. There exist many other requirements involving Powers of Attorney including: your Power of Attorney must be at least 18 years of age, and cannot be a personal care home employee or operator.

  8. A Power of Attorney must be in writing and properly witnessed, by a lawyer or two witnesses who must not be family members or the appointed Power of Attorney. Appropriate witness certificates must be completed.

 

If you have any questions or concerns, please call one of our knowledgeable and experienced solicitors. They will be pleased to assist you.