A Power of Attorney (or \u201cPOA\u201d) is a legal document by which an individual gives someone they trust (the \u201cattorney\u201d) the right to make decisions on their behalf if they are no longer capable of looking after their own matters. This authority may be general in nature or limited to specific actions and situations.<\/p>\n
This article focuses on the general options available for creating a POA in Canada for provinces other than Qu\u00e9bec. For information regarding Qu\u00e9bec, please see the article \u201cIncapacity Planning in Qu\u00e9bec<\/a>\u201d. The specific rules for each province vary; please contact a TEP<\/a> to discuss the rules in your province of residence.<\/p>\n In personal and estate planning, a POA is generally executed when contemplating the possibility of future physical and\/or mental incapacity that renders the grantor incapable of making his or her own decisions. While creating a POA is voluntary in that there is no law mandating that everyone must create one, all individuals over the age of 18 who are competent to grant a POA should consider executing one. In the event of unexpected incapacity, a POA will ensure that a person\u2019s wishes are respected, and that carrying these wishes out is easier and less expensive for their families.<\/p>\n Generally, there are two main types of POAs:<\/p>\n The law does not require the use of a lawyer\u2019s services to create a POA. However, individuals with even modestly complicated affairs are generally advised to consult a lawyer to ensure that the POA is neither too broad nor too specific, and that the document is executed properly. A POA can be created in a few different ways:<\/p>\n Generally, a valid POA must:<\/p>\n The witnesses to a POA typically cannot include:<\/p>\n Generally, there is also no requirement that these documents be registered. However, it is important to ensure that the people who need to know about the document \u2013 especially the attorney(s) \u2013 have a copy of the POA or know where to get one if needed.<\/p>\n In the event that an individual who does not have a valid POA is or becomes incapacitated, a family member has the right to make health care decisions or apply to become the \u201cguardian\u201d of their person and\/or property (the person occupying this role is also known as a \u201ctrustee\u201d or a \u201ccommittee\u201d, depending on the jurisdiction). In certain cases, someone else, such as a close friend, could apply to act for the individual in these matters. The only time the provincial government, through the office of a Public Guardian and Trustee, will act, is in situations where there is no suitable person able or willing to act on behalf of the incapacitated person.<\/p>\n For further information or assistance in preparing a POA please consult a TEP<\/a><\/strong>.<\/p>\nWhy have a Power of Attorney?<\/h2>\n
Types of Power of Attorney<\/h2>\n
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How to properly execute a Power of Attorney<\/h2>\n
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What happens if there is no Power of Attorney?<\/h2>\n