Power of Attorney for Property

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:

• knows what property they have and its approximate value;
• is aware of their obligations to those people who depend on them financially;
• knows what authority their attorney(s) will have;
• knows that their attorney must account for all the decisions he or she makes about their property;
• knows that, if they capable, they may cancel their power of attorney;
• understands that unless their attorney manages the property prudently, its value may decline; and
• understands that there is always the possibility that the attorney could misuse the authority.

Specifically in this document, the grantor will:

• name one or more attorneys for property;
• name a substitute attorney (if applicable);
• state the event on which the power of attorney will become effective;
• state any restriction to the authority of the attorney(s) for property;
• state the compensation to be paid to the attorney(s).

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

Applicable Law

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)

How to modify the template

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