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

A power of attorney set up so that someone can look after your affairs while you are traveling would be an example of a '''limited power of attorney'''. This is also called a '''specific power of attorney'''. Your attorney’s powers are limited to a specific task or a specific period of time. For example, you might give someone power of attorney to sign the papers on the sale of your home while you’re out of the country on vacation.

| text = "My husband William had an accident at work. He is in hospital in a coma. We have a joint bank account, so I can pay the bills. But our car is in William’s name and the insurance is due. William can’t sign. I wish William had made an enduring power of attorney appointing me as attorney. That way I could renew the insurance." <br>

- Anita, Burnaby

Another reason you might make a power of attorney is to prepare for the possibility you become mentally incapable due to age, accident or illness. With an '''enduring power of attorney''', you can appoint someone to act on your behalf for financial and legal affairs, and specify that the appointment continues in effect - or endures - if you become incapable of making decisions. (With a '''general power of attorney''', the appointment ends when you become mentally incapable.)

 

A power of attorney can also be set up to come into effect only when something happens to trigger it. This is called a '''springing power of attorney'''. You can appoint someone to act on your behalf if the triggering event happens. The triggering event can be when you become mentally incapable. For example, the appointment can be worded to come into effect “when two physicians have determined that I am no longer capable of managing my affairs”. Such a springing power of attorney is not active '''until''' you are incapable.