What You Should Know

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Powers of Attorney

A Power of Attorney is a legal document which allows a person(s) to act on behalf of another person with respect to personal or financial decisions. 

Saskatchewan law requires a power of attorney to be prepared and signed according to specific requirements. The document will not be valid if it has not been properly executed. Because the document is inexpensive to have drafted by a lawyer, and because of the legal requirements involved, it is important to seek the advise of a lawyer.

There are two types:

A Property Attorney can be named to take care of property matters, contracts and related legal rights.

A Personal Attorney can be appointed to make decisions concerning living arrangements and related matters. It does not give the Personal Attorney the right to make decisions about discontinuing life support or other health care issues. That must be dealt with in a Health Care Directive, which is also known as a Living Will.

A Power of Attorney document can name a person as a Property Attorney, a Personal Attorney, or both. They do not need to be the same person. The document can also specify other conditions before the person named can act. It can name one or more persons to perform these functions alone or together.

A Power of Attorney can also be drawn to deal specifically only with certain matters.

If you are considering granting this power via a Power of Attorney to anyone, you must be absolutely confident that they will only act in your best interests.  The utmost care should be taken in selecting this person.

 

Notice: The information on this website is of a general nature only and relates to Saskatchewan, Canada. The information may not be applicable in your jurisdiction. It does not constitute legal advice to you and no solicitor client relationship will be or is established. You should seek specific legal advice regarding your circumstances from a lawyer entitled to practise law in your jurisdiction.