Difference between revisions of "Common Questions on Powers of Attorney"

The attorney is like your agent. He or she must act honestly, in good faith and in your best interests. Your attorney must keep careful records of any financial activities, and must keep your affairs separate from his or her own.

A general power of attorney gives your attorney the power to do anything financial or legal that you can’t do for yourself. This could include dealing with bank or credit union accounts, getting information from Canada Revenue Agency in order to do your income tax, insuring or selling your car, or selling real estate.

=== Can you have a power of attorney for a specific purpose? ===

You can limit your attorney’s powers by making a '''limited power of attorney''' only for a specific task. For example, you can give someone power of attorney to sell a particular piece of property or you can give them powers for a limited period of time.

| text      = <div>"Prior to travelling outside the country, I made a '''limited power of attorney''' so that my niece can deposit my pension cheques and pay my bills. My niece only has access to my bank account, and only until I come home from my trip."<br>- Anita, Victoria</div>}}

=== What can you do to prevent misuse of your power of attorney? ===

Before you make a power of attorney you may want to talk to a friend, family member, community advocate, or legal professional. You can also insist that your attorney get legal advice about his or her responsibilities.

Attorneys must keep accurate records, and attorneys must not take a personal benefit from the person’s assets. Be sure you choose someone you trust. If possible, name more than one person. Talk to these people before you appoint them and make sure they understand what you expect from them, and when you expect them to act.

A power of attorney takes effect as soon as it is signed, but it does not have to be used until you need help. You may want to give the power of attorney document to someone else you trust, and tell him or her when to give it to the attorney.

You can put limits on the power you give your attorney. You can require the attorney to keep records of your finances and show you those records regularly. You should also review your bank statements.

If you want your attorney to have the power to sell your real estate property or deal with mortgages or easements, there are special requirements.

* A power of attorney for real estate ends automatically in three years unless it is an [[Enduring Power of Attorney|'''enduring power of attorney''']] or you say in the power of attorney “Section 56 of the ''Land Title Act'' does not apply.”