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A power of attorney

 

If you want to appoint someone to take care of your financial and/or legal matters, whether you are capable or incapable of doing it by yourself, you should have a legal document called a “Power of Attorney”. This will allow, the person appointed by you, to act on your behalf legally. The person you appoint to act on your behalf is called the “attorney”. As an adult, after your parents’ rights have ended, no one has authority towards your legal and financial assets; therefore you need to have a written Power of Attorney to appoint someone on your behalf.

Requirements (Donor):

• Person should be 19 year of age or over.

• Person signing the document must be mentally competent. A person should be able to fully understand what he or she is signing.

• Power of Attorney must be signed and dated in front of two witnesses, both present at the same time. Witnesses must be adults. If you have a notary or lawyer preparing the Power of Attorney then only one witness is needed. Witnesses should not be named as attorney(s) in the Power of Attorney. A Parent, a Child or a Spouse cannot act as a witness.

Types of Power of Attorney: There are three different types of power of attorneys: General Power of Attorney, Specific Power of Attorney and Enduring Power of Attorney.

General Power of Attorney: It does not specify limits and/or the powers of the attorney appointed by you. With a General Power of Attorney, the attorney can make all the decisions that the Donor can make. Also the Attorney is permitted to handle financial and legal affairs, but cannot make any decisions related to health care. For example with a general power of attorney, the attorney is allowed to handle all the matters up until the time provided in the power of attorney.

Specific Power of Attorney: It is the document which gives limited or specific powers to the person you appoint as an “attorney”. For example, the Attorney could be authorized to sign a cheque for a specific bank account to pay household bills. Or with the use of a Specific Power of Attorney, you can appoint someone to sign the documents related to the sale of a house and deposit the proceeds in a specific bank account.

An Enduring Power of attorney: A legal document that enables an adult to appoint another person to manage the adult’s financial affairs and property while capable and continues if the adult becomes mentally incapable. It is effective when you are not capable of making your own decisions. An Enduring Power of Attorney does not stop you from managing your own affairs, as long as you are capable. You may make an Enduring Power of Attorney if you are 19 years of age or older, and you are capable of making decisions. The law presumes you are capable unless it is shown that you are not.

Who Should I Appoint? People usually appoint their spouse, siblings, and children or most trusted family members. You cannot appoint a care giver who is paid to provide you with personal or health care services or an employee at the facility where you live if the place provides health or personal care services. If the person providing the care is your spouse, parent, or a child, then this rule does not apply.

What does a power of attorney cover? A Power of attorney covers only your legal and financial decisions. It does not cover any health care decisions. A power of attorney usually takes effect as soon as you and your attorney(s) sign the documents. You can continue to manage your financial and legal affairs for as long as you are capable. But your attorney can help you with any complicated matters. An enduring power of attorney can also take effect at a specified time that you name in the document.

How can you end a power of attorney? You can end the Power of Attorney any time. General Power of Attorney automatically ends when you become incapable unless you included the enduring clause or you are certified as “incapable” by the Director of a Mental Health Facility. Specific Power of Attorney ends when the purpose of the Power of Attorney has ended. You can end your Enduring Power of Attorney as long as you are capable. You must put your decision in writing. The written decision is called a “Notice of Revocation”. You must give a signed and dated copy of the written Notice of Revocation to your attorney(s).

An Enduring power of attorney ends as soon as you are dead. Your power of attorney is only valid while you are alive. The only valid document after your death is the Will.

What kind of Power of Attorney is right for you? Depends on your situation. Your notary will help you decide, which power of attorney is best for you in which situation. If you have any questions or want more information please give us a call @ 604-503-3853.

Power of attorney for India:

A Power of attorney is a document which helps you to appoint another person called an “attorney”, to deal with your legal and financial decisions for you in other respective countries or here in Canada.

If you are making a power of attorney, you need to fulfil some of the requirements which are very important.
With respect to India according to the new rules which came into effect 2 years ago, the Punjab police have started the process of bringing changes in rules governing the sale of properties of NRIs. If all goes well, no one, even persons having the power of attorney (POA), will be able to sell the properties of NRIs without the involvement of the latter, for that reason, All notarized documents need to be authenticated by one of the Provincial Authorities concerned for authenticity of the notary public before attestation by the Consulate. Power of Attorney (POA) or other civil documents are required to be submitted to the Consulate in original along with their photo copies.

To make a power of attorney the applicant is required to affix his/her photograph at the end of the subject matter on the document, with signature. The power of attorney/document should be signed by two witnesses with their names and complete address. The witness is not required to affix his/her photo but a copy of his/her valid photo identity, preferably passport with visa status, is required.

To learn more and to get helpful advice please contact Harinder Dail Notary public.

Travelling Tips

It’s a New Year and it is likely that you will be travelling this year! We have put together some tips to ensure that you travel safely and without worry!
1) It is important that you have a Will! If you already have a will you should definitely review it and see if it needs to be updated. You can also have our Notary review it.
2) It is important to create a power of attorney. If you have important things to deal with at home and you are abroad, appoint someone that you completely trust and they can handle the business for you.
3) If you are travelling with children, it is recommended that they carry a travel letter. If your kids are travelling with relatives, they must be ready to present proper documentation, such as passports, birth certificates, and travel consent from both parents.
4) We highly recommend that you travel with all your important documents photocopied and notarized. It is much safer to travel with photocopies of your passport, visas travel insurance, and driving license. We recommend that you don’t carry your passport around and keep it in a safe place at your destination.

Our office can help prepare all of the required documents so you can sit back and enjoy your trip without all the hassle. To book an appointment please call our office at 604-503-3853. We look forward to serving you and making your trip more enjoyable.

Updating Wills

It is important that you roll into the New Year prepared. With updating your will, you can save your family and loved ones from distress. Some of the most common events and circumstances that may require changes in your will are:
*Death or serious illness
*Marriage
*Divorce
*Birth or adoption of a child
*Purchase or sale of major assets
Take a look at your will and see if any of these situations apply, if they do give us a call to book an appointment to review and update your will!
If you have any questions please leave us a comment or give us a call at 604-503-3853

Representation Agreement

Along with a power of attorney, it’s a good idea to have a representation agreement. A representation agreement allows you to appoint someone to legally represent you in handling all your financial, health, legal and personal decisions if you are unable to make them yourself. You can appoint anyone that you feel is suitable and trustworthy keeping in mind that, you may not appoint any person who is paid to provide you with personal or health care. Since this is a very important legal document it is recommended you consult with a notary public and have a notary witness when you sign the agreement.
For more information please call us at 604 503 3853.

New year….New Resolutions

Sticking to all your new year’s resolutions can be tough and hard to manage. With the help of a notary you can ensure that all your essential legal documents for the New Year are created, updated and properly registered. With our help we will make sure that you receive fair, honest service and value for your dollar. For more information please give us a call or feel free to leave us a comment!

FAQ about Power of Attorney

What is a power of attorney?
It is a legal document that is prepared and certified by a notary public. This powerful document indicates that you have appointed someone power of attorney and you give them the legal power to take care of legal and financial matters for you.

What matters can the attorney deal with?

Your attorney may deal with paying bills, depositing/withdrawing money from your bank account, investing your money or selling your house. Power of attorney only lets your attorney deal with financial and legal matters. It does not give your attorney the authority to make decisions about your health care.

Why would I need to make a power of attorney?
There are many reasons why one would want to create a power of attorney. One being, you may not be physically able to look after your matters due to travel or injury. Another reason may be that you are mentally unable to take care of your affairs due to illness or accident.

When should I make a power of attorney?
It is a good idea to make an enduring power of attorney to plan ahead of time, in case you become mentally incapable. If you don’t have a power of attorney and become mentally incapable your family members may have to go to court to get the legal right to manage your affairs.