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A Continuing Power of Attorney for Property is a legal document in which a person (the "grantor") gives someone else the legal authority to make decisions about their finances. The person who is named as the attorney does not have to be a lawyer. The power of attorney is called "continuing" because it can be used after the person who gave it is no longer mentally capable to make the financial decisions themselves. Some people use the word "durable" or "enduring" which means the same as "continuing".
How to use this document
To make a valid power of attorney, the grantor must be 18 years of age or more and "mentally capable" of giving a continuing power of attorney for property. This means that the grantor:
Specifically in this document, the grantor will:
The document must then be signed by two witnesses, in the presence of each other and the grantor.
Alberta: Powers of Attorney Act (RSA 2000, c P-20)
British Columbia: Power of Attorney Act (RSBC 1996, c 370)
Manitoba: Powers of Attorney Act (CCSM, c P97)
New Brunswick: Property Act (RSNB 1973, c P-19)
Newfoundland and Labrador: Enduring Powers of Attorney Act (RSN 1990, c E-11)
Northwest Territories: Powers of Attorney Act (SNWT 200, c 15)
Nova Scotia: Powers of Attorney Act (RS 1989, c 352)
Nunavut: Consolidation of Powers of Attorney Act (SNu 2005, c 9)
Ontario: Substitute Decisions Act (SO 1992, c 30)
Prince Edward Island: Powers of Attorney Act (RSPEI 1988, c P-17)
Saskatchewan: Powers of Attorney Act (SS 2002, c P20.3)
Yukon: Enduring Power of Attorney Act (RSY 2002, c 73)
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