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Legal services provided by the: Kyle Soble law corporation. Lawyer/barrister & solicitor, Notary Public
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Q: What is a power of attorney?
A: A power of attorney allows you to give someone else the authority to act in your place, subject to the type of power that is given.
There are two types of power of attorney. The first is general—it gives someone the power to do all the things that you can lawfully do. The second is a limited, or specific, power of attorney, which gives someone the authority to perform only specific acts on your behalf.
Q: Who can give power of attorney?
A: Anyone who is 18 or over, and can appreciate the nature and extent of their property and affairs, can understand to whom they are giving the authority set out in the power of attorney, and can also appreciate the extent of that authority can give power of attorney. The person giving power of attorney has to be awake, (not unconscious).
Q: Who can I appoint in my power of attorney?
A: Anyone who is of sound mind can act as a power of attorney. You should of course only choose someone who will act in your best interest for your property and affairs. You can also choose to have more than one person for your power of attorney.
Q: Why should I have a power of attorney?
A: In the event that you lose mobility or mental capacity, a power of attorney gives you control over who will manage your property and affairs. It is also simpler and cheaper than alternatives, such as committeeship.
Q: Does your office prepare Powers of Attorney for countries outside of Canada?
A: No. We prepare Manitoba Power of Attorney documents that are primarily for use within the boundaries of Manitoba. We do not prepare Power of Attorney documents for use in any other countries. If you want a Power of Attorney for a country other than Canada, you should contact a lawyer in that country.
Q: What if I change my mind about who I wish to appoint in my power of attorney?
A: In the case of a specific power of attorney, the completion of the specific task or the passing of the date specified in the power of attorney results in the cancellation of the power of attorney.
Q: Can a general or specific power of attorney be revoked?
A: A specific or general power of attorney can be terminated by any one of the following:
You may become incapacitated and/or unable to manage your affairs personally, due to either physical or mental conditions which may be temporary or permanent. For instance, temporary incapacity can easily be a result of the medication your doctor has prescribed for you while in the hospital. But, in the meantime, if you need to have things done on your behalf, and you don't have a Power of Attorney, you could be facing a major issue.
Note. A Will is not a Power of Attorney and vice-versa. A Will only takes effect after one is deceased. However, if one is unable to act for oneself due to injury or disease while still alive, a general enduring Power of Attorney may be necessary. A Power of Attorney can take effect immediately, or when mental incapacity is certified as described in the document. And, it's important to realize that a Power of Attorney can be signed by an individual only when they are mentally competent.
Without a designated Power of Attorney, or if you only have a limited form Power of Attorney provided by a financial institution, the Public Trustee can assume control of your assets and administer your affairs. Alternatively, someone else can apply to the court to obtain control, but this may prove to be a lengthy and costly procedure.
For example, a popular senior's residence in Winnipeg states that: "..it is recommended that you make arrangements in advance so that personal and financial affairs are handled properly if you become physically or mentally incapacitated. A common method of doing this is by an enduring power of attorney. If a person is incompetent and no Power of Attorney is in place, a Committee may be appointed by the court or, in the case of the Public Trustee, by the Chief Provincial Psychiatrist..."
Wills, Powers of Attorney,
Winnipeg Notary Public, etc
In general, our Estate focus is on drafting documentation, powers of attorney, wills, heath care directives - also probate and administrative orders. If you already have counsel elsewhere, do not contact us for advice or an opinion as it is against the rules for us to comment on your legal matter. We don't handle litigation or disputes regarding Estate matters, or any other contentious matter or police matter re same, including interpretations of documents re validity or otherwise, that we have not drafted. (**Note: We generally do not take on last minute, urgent deathbed Wills).
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Lawyer & Notary Public, Winnipeg and surrounding areas
"We come to you" - Mobile Law Office
kyle j soble
Contact us today at firstname.lastname@example.org for all your Will, Power of Attorney and/or Healthcare Directive (Living Will) needs