Last revision: 01/03/2023
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An Affidavit of Execution allows someone to swear they witnessed the signature of a legal document. They swear either under oath or affirmation:
These both have an identical legal effect, the breach of which is the criminal offence of perjury.
Specifically, the Affidavit of Execution of Power of Attorney is needed when someone executes (signs) a Power of Attorney, and that Power of Attorney is witnessed. Witnessing means seeing the person sign their Power of Attorney, and the witness then signs the Power of Attorney themselves. If the witness signed the Power of Attorney, they would sign this Affidavit. Once the Affidavit is signed, a Commissioner or Notary signs the Affidavit. These are people authorized by law to witness Affidavits, which is a requirement. A simple Google search can be used to locate a local commissioner or notary.
The title of this document is different depending on the Province or Territory. For example, what is an Enduring Power of Attorney in Alberta is a Continuing Power of Attorney to Ontario. These documents are the same, but they have a different title depending on the Province or Territory.
This document is for an affidavit of execution for a power of attorney. Other affidavits may be used depending on the legal context:
HOW TO USE THIS DOCUMENT
After witnessing a person sign their Power of Attorney, the Affidavit of Execution is then signed by the person who witnessed the signature on the Power of Attorney. Witnessing means the witness was physically present and saw the person sign the legal document in front of them.
Once the witness signs the Affidavit, a commissioner for oaths and affidavits must also sign (commission) the document to verify the authenticity of the statement. Notaries are also authorized to commission these documents.
In short, the process is the following:
The Affidavit must be signed in front of a Commissioner or Notary. If the Commissioner or Notary isn't present, print out the document and wait to sign it in the presence of the Commissioner or Notary. Some Provinces and Territories permit remote signing.
Affidavits are used depending on the legal context. For example, when dealing with a lawsuit, the law requires the filing of Affidavits with the court. When dealing with a deceased's estate, the law requires the filing of an Affidavit of Execution to probate (prove) the Will of the deceased. An Affidavit is also used when changing a marital name or transferring title to property. The affiant in an Affidavit must be honest when recounting the facts. Lying under oath or affirmation is a federal crime under the Criminal Code (R.S.C., 1985, c. C-46).
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Other names for the document: Affidavit of Execution of Witness for Power of Attorney, Affidavit of Execution of Enduring Power of Attorney, Affidavit of Execution of Continuing Power of Attorney, Affidavit of Execution of Power of Attorney for Personal Care, Affidavit for Power of Attorney
Country: Canada (English)