Free Power of Attorney

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Create Your Free Power of Attorney

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Power of Attorney

Attorney Powers

Frequently Asked Questions

What is included in general powers?The general power clause gives your Attorney the power to do anything allowable under the Powers of Attorney Act. The power is broad and includes powers such as writing checks on bank accounts, access to safety deposit boxes, the purchase of insurance, collecting any debts due, and voting corporate shares.

Some jurisdictions require that for a Power of Attorney to grant authority over land, the document must specifically state this. This can be selected under "specific powers" below.What powers are needed for real estate?In most provinces, if you wish to give your Attorney the power to deal with your land or real estate, you must specifically state this power in your document. This power is separate or in addition to the general power.

To insert this power click yes to 'Specific Power' and make sure the power to 'sell, mortgage, exchange, lease or otherwise deal with real estate/land' is checked.

Your Power of Attorney

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POWER OF ATTORNEY

THIS POWER OF ATTORNEY is given by me, ______________________________, presently of ______________________________________________________________________, on the ______ of __________, _______

Previous Power of Attorney
I REVOKE any previous power of attorney granted by me.
Attorney
I APPOINT ______________, of ____________________________, to act as my Attorney.
Governing Legislation
My Attorney will act in accordance with the of the Province of , as may be amended from time to time.
Powers of Attorney
My Attorney has authority to do anything on my behalf that I may lawfully do by an attorney (the 'general power').
Attorney Compensation
My Attorney will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
Co-owning of Assets and Mixing of Funds
My Attorney may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
Personal Gain from Managing My Affairs
My Attorney is not allowed to personally gain from any transaction he or she may complete on my behalf.
Effective Date
This power of attorney will start immediately upon signing. Under no circumstances will the powers granted in this power of attorney continue after my mental incapacity or death.
Attorney Restrictions
This power of attorney is not subject to any conditions or restrictions other than those noted above.
Severability
If any part of any provision of this instrument is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this instrument.
Acknowledgment
I, ______________________________, being the Donor named in this Power of attorney hereby acknowledge:
1. I have read and understand the nature and effect of this Power of attorney;
2. I am of legal age in the Province of to grant a Power of attorney; and
3. I am voluntarily giving this Power of attorney.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ____________________ in the Province of , this ______ of __________, _______.

SIGNED, SEALED, AND DELIVERED
in the presence of:

Witness: ______________________ (Sign)			__________________________________
Witness Name: ______________________			______________________________ (Donor)
Address: ___________________________
___________________________________

NOTARY ACKNOWLEDGMENT

The Province of

City/Town __________________

On this the ________ day of ________________, ________, before me, ____________________, the undersigned officer, personally appeared ______________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as and for his/her respective act and deed for the purposes expressed therein.

In witness whereof I hereunto set my hand and seal.

________________________________________
A Notary Public in and for the Province of

My commission expires: ____________________

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Power of Attorney

Other Names:

Power of Attorney is also referred to as:

Durable Power of Attorney
Ordinary Power of Attorney
POA or P.O.A.
Financial Power of Attorney
General Power of Attorney

What is a Power of Attorney?

A Power of Attorney form, also referred to as a POA, is a legal document that gives one or more persons the authority to make financial, property, and real estate decisions on your behalf. The person you assign powers to is called your attorney; they may also be referred to as your attorney-in-fact, representative, or agent.

Your attorney can be nearly any mentally capable adult of legal age. They must not own or work at an extended care facility or nursing home in which you are a resident. They must also not be involved in any type of bankruptcy proceedings when you assign powers to them.

In Canada, every province and territory has its own laws concerning specific provisions and restrictions relevant to a POA. This is why the LawDepot POA form is automatically customized based on your province or territory of residence.

What types of Powers of Attorney are there?

There are generally two types of Powers of Attorney used in Canada: ordinary and enduring.

An ordinary Power of Attorney is valid while you are judged to be mentally capable. Mental capacity is defined and determined by the laws of your province or territory of residence, but generally means you understand how a Power of Attorney works and can freely agree to its provisions.

An enduring Power of Attorney, sometimes referred to as a continuing Power of Attorney, remains valid if you are ever incapacitated and unable to manage your own affairs. For example, this condition could occur due to damage caused by a work or vehicle accident, a debilitating illness, or a severe medical event like a stroke.

A POA form becomes invalid once a person dies. When this occurs, the executor identified in the deceased's Last Will and Testament is given control over the disbursement of the estate.

Who can you give powers to in a POA?

Powers can be given to your spouse, a family member, a trusted friend, a professional such as a lawyer or accountant, or any other capable adult. The person you assign powers to has the right to refuse, so you should always discuss your plans with the person you want to give powers to before proceeding.

You can choose to give Power of Attorney to more than one person, and specify that your attorneys must all agree before taking action on your behalf. Alternatively, you can make it so your attorneys can act independently of each other.

You can also identify an alternate attorney who is able to act for you if the original attorney is unable or unwilling to do so.

What actions can my attorney take on my behalf?

Your attorney can generally perform all of the personal financial actions you are able to. They can do your banking, purchase or sell your real estate, and sign cheques from your accounts. Your POA stipulates that your personal representative must act in your best interests, keep records of all actions taken on your behalf, and keep your finances and property separate from their own.

You can choose to place restrictions on your POA in order to limit the attorney's actions to specific areas of your finances, such as a certain piece of real estate or a specified business investment.

What actions can't be performed by my attorney?

Your attorney can't make medical decisions for you. If you want to put that type of provision in place, consider creating a Health Care DirectiveHealth Care Directive or a Living WillLiving Will, also known as a Personal Directive or Power of Attorney for Personal Care.

Your attorney cannot create a new Last Will and TestamentLast Will and Testament for you, or alter your existing Will. They also can't create a new POA on your behalf and assign it to someone else.

When should I have a Power of Attorney?

You should consider making a POA form for these situations:

You are going to vacation in another country for the winter.
You want to ensure someone you trust has control over your affairs.
You have a medical condition which could impact your mental fitness.
Your job requires you to travel out of country for extended periods.
You own a business and are concerned about its operation in the event of your absence.
You want to set very specific limits on how your finances and property are handled if you are ever incapacitated.

Forms related to Power of Attorney

Last Will and Testament: a document that specifies how your estate will be dealt with after you pass away
End-of-Life Plan: a document you can use to make your last wishes known to your loved ones, including burial instructions, memorial service preferences, and more
Revocation of Power of Attorney: a form used to revoke an existing Power of Attorney
Gift Deed: a contract used to formalize the giving of a gift to a person or charity
Living Will / Health Care Directive: a form that lets others know of your personal medical choices in the event you are unable to communicate them directly