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  1. Jan 24, 2024 · Canadian laws establish certain boundaries between powers of attorney and wills. An appointed person in a power of attorney cannot make or change the will of the person who appointed them. This is strictly prohibited. A will, or changes in a will, made by an appointed person is void and has no legal effect.

  2. Transitional — enduring powers of attorney made before Parts 2 and 3 enacted. 42 (1) An enduring power of attorney that was validly made under section 8, before the repeal, on September 1, 2011, of that section by the Adult Guardianship and Planning Statutes Amendment Act, 2007, is deemed to be an enduring power of attorney made under Part 2.

  3. ENDURING POWER OF ATTORNEY Made under Part 2 of the Power of Attorney Act. The use of this form is voluntary. Be advised that this form may not be appropriate for use by all persons, as it provides only one option of how an Enduring Power of Attorney may be made. In addition, it does not constitute legal advice.

  4. A general power of attorney can be “specific” or “limited”, which can give authority to your attorney for a limited task (e.g. sell a house) or give them authority for a specific period of time. The power of attorney can start as soon as you sign it, or it can start on a specific date that you write in the document.

    • What is a Power of Attorney? A Power of Attorney is a legal document that gives someone else the right to make decisions on your behalf.
    • Are there different kinds of Power of Attorney? Yes. In Ontario there are three kinds of Power of Attorney: A Continuing Power of Attorney for Property (CPOA) covers your financial affairs and allows the person you name to make decisions for you even if you become mentally incapable.
    • Does the law require everyone to have a Power of Attorney? No. Making a Power of Attorney is voluntary. No one can be forced to make one.
    • What does the term “attorney” mean? The term “attorney” refers to the person or persons you have chosen to act on your behalf. The person does not have to be a lawyer.
  5. If you wish to appoint an attorney for your personal decisions you can make a separate document called a “ Power of Attorney for Personal Care .”. To make a valid power of attorney for property, you must be 18 years of age or more and “mentally capable” of giving a continuing power of attorney for property.

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  7. The decision to grant a power of attorney must have been made by the grantor free from any undue influence by the attorney or any third party. Undue influence can occur when, for instance, the attorney uses fear, intimidation, or control over the attorney’s movements or finances to coerce the attorney into granting a power of attorney to them.

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