Power of Attorney

A Power of Attorney is a legal document

When you give someone Power of Attorney you give him or her legal power to take care of financial and legal matters for you.

This might include:

  1. paying bills;
  2. depositing or withdrawing money from your bank account;
  3. investing your money;
  4. insuring your car; or
  5. selling your house.

**A Power of Attorney does not give the attorney authority to make decisions about your health care.

  • The attorney is like your agent. He or she must act honestly and in good faith, in YOUR best interests.
  • Your attorney must keep careful records of any financial activities and must keep your affairs separate from his or her own.
  • You can also limit your attorney’s powers by making a power of attorney only for a SPECIFIC TASK. For example, you can give someone power of attorney to sell a particular piece of property or you can give them powers for a limited period of time.

Naming an attorney

You can choose anybody as your attorney, so long as they are 19 years or older and able to understand the responsibilities involved. Most people choose their husband, wife, friend or other family member.

You can appoint more than one person. If you do, you must write in the document whether they will act together or individually. (For instance, do both of them have to sign any papers, or can either one sign?)

Your attorney will have significant power, so choose somebody you trust, and who is comfortable with financial matters. Take the time to talk with that person about what you want and would expect them to do. Ask if he or she is willing to be your attorney.

When Powers of Attorney End

A SPECIFIC power of attorney ends when the job it describes is done (for instance, the piece of property is sold) or on the date it says (for instance, the day Anita comes back from her trip).

(A) Whereas an Enduring Power of Attorney automatically ends:

  • if your attorney dies (unless you name an alternate, or more than one attorney),
  • if you die,
  • if you are certified as “incapable” by a Director of a Mental Health facility, OR
  • if the court appoints a “committee” to make decisions for you.

(B) You can also CANCEL a power of attorney at any time.

Call today to set up an appointment, and bring in the following information:

the full name of the attorney being appointed, their occupation, address, postal code and a contact number where they can be reached.