![]() A child of the grantor or a person whom the grantor has demonstrated a settled intention to treat as his or her child. ![]() The attorney or the attorney’s spouse or partner.ģ. The signature by the grantor on the power of attorney must be witnessed by two witnesses.Įach witness must be over 18, themselves not under guardianship with respect to either their property or person, and must not be:ġ. (g) appreciates the possibility that the attorney could misuse the authority given to him or her. (f) appreciates that unless the attorney manages the property prudently its value may decline and (e) knows that he or she may, if capable, revoke the continuing power of attorney (d) knows that the attorney must account for his or her dealings with the person’s property (c) knows that the attorney will be able to do on the person’s behalf anything in respect of property that the person could do if capable, except make a will, subject to the conditions and restrictions set out in the power of attorney (b) is aware of obligations owed to his or her dependants (a) knows what kind of property he or she has and its approximate value Ī person is capable of giving a continuing power of attorney if he or she, In order for a person to grant another person power of attorney, the grantor must have the required mental capacity. The attorney must be a competent adult – someone over the age of 18, who is competent to grant their own power of attorney. The basic rule in Ontario is that a competent individual can grant power of attorney to whomever they want, and the Courts will rarely over-rule this choice. The alternative to an appointed power of attorney is a Court-appointed guardian, and that requires slow, expensive and difficult Court proceedings.Ĭreating an effective written power of attorney is usually a fairly straightforward and not terribly expensive process. Even if you are ‘able’ to handle your finances, there are times when it may be much easier to have someone else handle a specific matter for you – if for instance, you are in another jurisdiction, or sick or physically incapacitated. Temporary and permanent incapacity can strike at any time. If you are over 18 and competent to grant a power of attorney (see test below), there is no excuse for not granting someone else power of attorney for property unless you have a strong desire to inflict an expensive mess on your family. Who should have a power of attorney? Every adult who is capable. The person who receives is the “attorney” or “acts under power of attorney”. Terms: the person who ‘gives’ the power is the “grantor”. This power can benefit the grantor greatly, but if this power is misused it can cause great hardship to the grantor, their dependents and heirs. The power of attorney can be a relatively simple document, but it has enormous power. Guardianship of minor children in willsĪ power of attorney for property is the means by which one person grants to another in Ontario the ability to handle the property and finances of the ‘grantor’.Retention, revocation and destructions of POAs.Compensation and accounts for attorneys.What attorneys for property can and should not do.Choosing the right attorney for property.Powers of attorney for property – fundamentals.Retention, revocation, destruction, loss.Home ownership: sole, joint, tenants in common.Obligations to current and former spouses.Estate planning is more than will drafting.
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