Power of Attorney/Affidavits

As a Commissioner of Oaths in and for the Province of Ontario, I provide my clients with the following services:

• Affidavits – $65.00

• Solemn Declarations – $45.00

• Swearing Declarations – $45.00

• Power of Attorney – $95.00


Power of Attorney – Explained

Powers of Attorney are legal documents that authorize another person to act on your behalf. The appointed person is referred to as your ‘attorney’. Powers can be general or specific, limited or unlimited, and granted to one or more persons. To create a valid power of attorney, the grantor must be capable of understanding the authority that he/she is granting. There are three kinds of Powers of Attorney that can be created: a Non-Continuing Power of Attorney for Property, a Continuing Power of Attorney for Property, and a Continuing Power of Attorney for Personal Care.

Non-Continuing Power of Attorney for Property

A Non-Continuing Power of Attorney for Property is a specific power to authorize a person to deal with a specific act or transaction when you are unable to do so. For example, if you need to sign important paperwork and you are away on vacation, or unable to sign for some other reason, you can appoint a person to sign on your behalf, and limit their authority to that transaction only. The power is automatically revoked in the event that you become mentally incapable.

Continuing Power of Attorney for Property

A Continuing Power of Attorney for Property empowers your attorney to manage your financial affairs while you are alive, even when you become mentally incapable. With this power, your attorney can sign documents, sell assets, make investments, defend law suits and deal with any financial management on your behalf, except make a will or create another power of attorney for you. When you are no longer able to manage your affairs by reason of accident, illness or mental incapacity, this document will ensure that someone you trust will manage your financial and property matters in your best interests.

Continuing Power of Attorney for Personal Care

A Continuing Power of Attorney for Personal Care allows you to appoint an attorney to make personal decisions in relation to your housing, health care and medical treatment, only if you become mentally incapable of making your own decisions. In the absence of a Power of Attorney for Personal Care, the right to make decisions on your behalf will fall upon a family member or a representative appointed by the Consent & Capacity Board, failing which the Office of the Public Guardian & Trustee would be appointed. It is wise to appoint a person you trust to make such personal care decisions for you.

The authority that you delegate to your attorney can be limited to specific events or transactions, and you may prohibit your attorney from dealing with a particular situation. You may also place conditions on the attorney’s power, such as requiring the attorney to consult with family members or professionals. Any concerns you have can be incorporated into the power to ensure the proper management of your affairs. You can also appoint one or more persons and even arrange for a substitute person in the event that your original choice of person is unable or unwilling to act. Should you decide to appoint more than one attorney, all decisions must be made jointly by them, unless you specify that they can act separately.

The thought of entrusting someone with the power to manage your affairs, be it financial or personal care, can be worrisome. However, if you select the right person, it can be reassuring to know that your affairs will be carefully and sensibly managed according to your instructions.

I offer other services that may not be specified above. Please contact me through the Live Chat feature or by e-mail at powers@fbjlegal.com

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