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Last revision: 10/11/2023
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An Ordinary Power of Attorney is a legal document in which a person (the "principal") gives someone else (the "agent") the legal authority to make decisions about their finances. The person who is named as the agent does not have to be a lawyer.
This Power of Attorney is called "ordinary" or "non-enduring" because it cannot be used after the person who gave it is no longer mentally capable of making financial decisions themselves. A "Continuing" or "Enduring Power of Attorney" gives someone else the legal authority to make decisions about their finances even after the person who gave it is no longer mentally capable of making financial decisions themselves.
Power of Attorney is also not like a bilateral agreement, it is more of a unilateral description of what authority is permitted by the principal.
How to use this document
To make a valid power of attorney, the principal must generally be 18 years of age or more and "mentally capable" of granting a power of attorney.
Specifically in this document, the principal will:
The document must then be signed by the principal and two witnesses, in the presence of each other and the principal.
Powers of Attorney in Canada are subject to the laws of the province or territory. There is no overall federal law concerning Powers of Attorney.
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