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Power of Attorney

Power of Attorney
Many people believe if something happens to them and they are unable to make decisions for themselves, either financial, about their health or both, their family can do so for them. This is not necessarily true, as legal authority is needed. One way to protect yourself is through the use of a Power of Attorney. This document empowers a person or persons of your choosing to act on your behalf for financial or personal care decisions.

A Power of Attorney for Personal Care, sometimes called a “personal power of attorney” is a legal document. With this document you give someone the power to make personal care decisions on your behalf if you become mentally incapable of making them yourself.

It is important for all
Powers of Attorney to
include a clause that
says that the
document does not
come into effect
unless the person is
deemed incapable of
making an informed

Personal care decisions are decisions about your health care (including medical treatment), diet, housing, clothing, hygiene and safety.

A Continuing Power of Attorney for Property, lets your Power of Attorney make decisions about your property such as finances, home and possessions and continue to go on acting for you if you become mentally incapable of managing your property. To be valid as a Continuing Power of Attorney, the document must either be called a Continuing Power of Attorney, or state that it gives your Attorney the power to continue acting for you if you become mentally incapable.

Property decisions are financial dealings, such as banking, signing cheques, buying or selling real estate, and buying consumer goods.

The person you have appointed has the legal obligation to keep an accurate account of money transactions.

Be careful…

Remember to take extra care when deciding whom to appoint as your Power of Attorney. Do you consider them to be responsible, trustworthy, and good at handling money?

Theft by person holding Power of Attorney

Any person who misuses or commits theft by holding Power of Attorney may be subject to charges under the Criminal Code of Canada.

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