Legal services provided by the: Kyle Soble law corporation. Lawyer/barrister & solicitor, Notary Public
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: 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..."
CONTACT US FORM. FILL OUT AND SUBMIT
Winnipeg, Manitoba & surrounding areas
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
"We come to you" - Mobile Law Office
Copyright © mobile.legal All rights reserved.
Services provided by the KS law corporation, a limited liability Manitoba corporation, (affiliations with the RSSW law firm and the JS law corp.). Your access and use of this website constitutes acceptance of the websites content. Further, it means that you have read, understood, agree and consent with the following terms and conditions listed below. If you do not agree with these terms and conditions, then do not access and/or use any of the pages on this website.
Do not attempt to send us any unsolicited, sensitive or confidential information. No legal advice is given by this website and the information contained herein. You will not be considered a client of our office, until we provide you with a written confirmation that you are retained as a client.
In general, our Estate focus is on drafting documentation, wills, powers of attorney, heath care directives and probate. 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 or revocations of powers of attorney).
All fees/disbursements/costs are due and payable immediately upon documentation having been prepared and/or services rendered. No warranty or guarantee: The website, its organization and design, and all information, images, artwork, text, video, audio, pictures and other materials on this website (together, “Content”) are provided “as is”. The website or law corporation do not warrant or guarantee the quality, accuracy or completeness of the content of the website. The information published on the website is current as of the original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. No liability: The website, law corporation, his associates/partners, employees and representatives will not be liable to you or any other party for any damages of any kind including, without limitation, indirect, special, consequential or incidental damages, lost profits, business interruption or other damages arising directly or indirectly from your use of the website or any content on the website. Severability: If any part of these terms and conditions is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining terms and conditions.
Lawyer & Notary Public, Winnipeg
Copyright © mobile.legal All Rights Reserved.
Wills, Powers of Attorney,
Winnipeg Notary Public, etc
Toll Free: 844-85-LEGAL (53427)