A Power of Attorney is a legal document you can use to give someone you trust the authority to carry out financial and legal transactions for you (to “stand in your shoes”). Types of transactions might include paying your bills, cashing your cheques, starting a small claims court action or making other legal or financial decisions.
This is a very powerful authority you are giving to someone else – a general power of attorney has been called a “license to steal.” Attorneys have legal duties to act in good faith, within the law, in your ‘best interest. They are required to take an ‘inventory,’ maintain proper records, and provide an accounting when required. So choose someone you trust implicitly, and also someone who is good at record keeping (so if you have the choice of two children, choose the trustworthy ‘nerd’ with good record keeping, not the lovable ‘klutz’ whose documents are a mess). If you don’t have someone suitable to be your attorney, you can name your financial institution as your attorney (check with them first) or the Public Guardian and Trustee (again check with them first).
These days older adults make an Enduring Power of Attorney as part of advance planning – so they can name someone who will look after their financial and legal matters should they become incapacitated by accident or disease in the future (the power ‘endures’ past any incapacity).
We ask that you complete this questionnaire as thoroughly as possible before we meet because it will provide us with essential information to prepare your document. Please call us if you have any questions about completing this questionnaire.
NOTE - Your attorney has to be available to sign an Enduring Power of Attorney before it takes effect.
NOTE - For your protection, there are certain people you cannot appoint as your attorney. This includes:
* anyone who provides personal care or health care services to you for compensation, OR
* anyone who is an employee of the facility in which you live and through which you receive personal care or health care services, unless that individual is your child, parent or spouse.
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If you have any questions, please don't hesitate to contact our law office. We look forward to working with you!