POA Canada and Quebec
To request the preparation of your client's Will by our Team, we'll need you to complete some preparatory forms. These forms will assist the Will Prep Team in gathering the necessary information. To navigate to the prep forms click here
You can download it as a PDF and fill out the Clients information.
The next component of the Will and Estate Prep Form is the Power of Attorney for Property, which grants an individual the powers to make decisions about the management of a client’s property in the event that they are unable to do so on their own.
All Power of Attorneys (POA) are Continuing. A Continuing Power of Attorney remains valid even if the Donor later becomes mentally incompetent. The Donor must be competent at the time an enduring Power of Attorney is made.
The Power of Attorney becomes invalid when the Donor dies. A Power of Attorney cannot be used to bequeath property upon the death of the Donor.
There are two different POA forms. Lets go through both:
Canada (excluding Quebec)
Step 1.
Start by adding the name and address of who is making this POA
Step 2.
Start by entering the name of each attorney, and the city or town and the province or state that they live in.
Note: An Alternate Attorney will act for you when your primary Attorney is unable or unwilling. There is no option for an Alternate Attorney if you have add TWO OR THREE named Attorneys.
Step 3.
If two or more attorneys are appointed, a client must specify how the attorneys will operate when making decisions on their behalf. They can specify that all attorneys agree on an action before it’s taken, or that each attorney be free to act independently.
If you only have a primary Attorney listed and select to have TWO Alternate Attorneys. The TWO Alternate Attorneys ACT SUCCESSIVELY.
You will need to add the alternate information as well.
Step 4.
Next how will “mental incapacity” be determined?
Step 5.
Next, a client can choose to grant their attorneys General Authority, giving them the ability to act in all areas and to make all decisions that they would otherwise be capable of making, were they present or had the capacity to do so.
If you select yes, you can also give specific powers.
Step 6.
Here you will add any addition powers
Note: You can NOT use this document to transfer custody of your children. You can NOT give your Attorney the power to make health care decisions for you or your family; these powers can only be granted by a Health Care Directive or Living Will document.
Step 7.
If theres any restrictions you will add it here.
Step 8.
Lastly, they can specify how their attorneys will be compensated for their work. They can choose to have them compensated for all out-of-pocket expenses, based on a rate prescribed by law, or a specific amount. They can even choose that their attorneys not be compensated at all.
Protection Mandate (Enduring Power of Attorney for Personal Care & Property) for Quebec
All Power of Attorneys (POA) are Continuing. A Continuing POA remains valid even if the Mandator later becomes mentally incompetent. The Mandator must be competent at the time an enduring Protection Mandate is made.
The Power of Attorney becomes invalid when the Mandator dies. A Power of Attorney cannot be used to bequeath property upon the death of the Mandator.
Step 1.
Start by adding the name and address of who is making this POA
Step 2.
You can choose up to 3 Mandatories.
Note: A Substitute Mandatary will act for you when your primary Mandatary is unable or unwilling.
There is no option for a Substitute Mandatary if you have added TWO OR THREE named Mandatories.
You will then have check boxes that indicate how they will operate.
Step 3.
Next is Substitute Mandatary Details (ONLY if First Mandatary Details are filled out. To include Substitute Mandataries means you need to exclude a Second & Third Mandatary):
If you only have a primary Mandatary listed and select to have TWO Substitute Manadataries. The TWO
Substitute Manadataries ACT SUCCESSIVELY.
Step 4.
Here you will add information about how your mandatary will make decisions for you regarding housing, health care decisions, and clinic trials.
Step 5.
Last Wishes. If there are any check boxes that apply mark them off here.
Step 6.
Next is Administration of Property. Here you can read the descriptions of simple administration or full. Furthermore you will have some yes or no questions regarding administration.
Step 7.
The next couple sections are regarding how your mandatary will act regarding partial incapacity, annual report and mandatary remuneration.
Step 8.
If there are any various clauses please check the boxes below.
