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Ordinary Power of Attorney Fill out the template

Ordinary Power of Attorney

Last revision
Last revision 12/07/2019
Formats
Formats Word and PDF
Size
Size 2 pages
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Last revision: 12/07/2019

Size: 2 pages

Available formats: Word and PDF

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Ordinary Power of Attorney

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 to make the 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 to make the financial decisions themselves.

A 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:

  • name one or more agents;
  • name a substitute agent (if applicable);
  • state the event on which the power of attorney will become effective;
  • state the event on which the power of attorney will cease to be effective;
  • state the compensation to be paid to the agent, if any.

The document must then be signed by the principal and two witnesses, in the presence of each other and the principal.


Applicable Law

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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