PERSONAL PLANNING: Enduring Power of Attorney Q & A

A Power of Attorney appoints another person (the “Attorney”) to make financial and legal decisions on your behalf (the “Adult”).   

How do you choose your Attorney?

You can appoint a spouse, adult child, friend or family member as your Attorney; however, they must be at least 19 years of age. You should also appoint an alternate person too, just in case.  An Attorney’s authority starts from the moment the Power of Attorney is signed, not when the need arises, so it is essential that the person is trustworthy and available.

You cannot appoint:

  A caregiver who is paid to provide you with personal or health care services.

  An employee at the facility where you live if the place provides health or personal care services. (This rule does not apply if the person providing the care is a spouse, a parent, or a child.) 

Where should a Power of Attorney document be stored?

The original Power of Attorney should be kept in a safe location but the Attorney needs to be aware of the location and it must be accessible to them.  For example, if it is locked in a safety deposit box, and the Attorney does not have access to the box, the document will be of no use.

If you ever need to use the Power of Attorney document you must show the original to the organization you need to allow you to sign (i.e. - the bank, Motor Vehicle Office, Municipal Hall for Home Owner’s Grant, etc.).  You may allow them to make a copy if they require it; then the original should be returned to you.

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Can I cancel an Enduring Power of Attorney?

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, or Attorneys.

I want to resign as an Attorney. How can I do this?

If you want to resign, you must put your decision in writing. The written decision is called a "Notice of Resignation". You must give a signed and dated copy of the written Notice of Resignation to the person who appointed you and any other Attorneys. If the adult is incapable, you must also give the Notice of Resignation to the adult's spouse, near relative or close friend.