Powers of Attorney

Basically, there are two kinds of Powers of Attorney:

  1. Personal Care,
  2. General for Assets.

Most people need them both. The first one deals with daily living decisions which affect the “person”, including medical consent and the second one deals with assets.

The Attorney General’s office has prepared a “Power of Attorney” Kit.

You will find it here:

https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/poakit.php

Download the kit and you will find both forms.

There are some cautions:

  • You may not wish to have the same person in each
  • You may wish two people to act together
  • You may wish to have two people consecutively (one after the other)
  • You may wish to have two people together, or either one of them, alone

The wording in order to accomplish these alternative appointments is different.

For real estate matters, the document should be specific and restricted. It may also be limited in terms of duration.

It is noteworthy that sometimes all previous Powers of Attorney are revoked. This may not be your intention.

If you have problems, then you should probably contact a lawyer to obtain some assistance. Most lawyers will prepare these documents for you at the same time as they are preparing your Will.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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