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Canadian Power of Attorney

This document is up to date! It was last reviewed by a lawyer in November 2024.

[What is a Power of Attorney?]

Canadian Power of Attorney

A Power of Attorney is used to give someone you trust the legal authority to manage your financial, property, and/or legal matters. Often, a Power of Attorney is used to ensure that your affairs will be administered according to your wishes in the event that you become mentally or physically incapable. Alternately, it may be convenient for persons who will be away for an extended period, and unable to personally sign documents or make financial and property decisions.


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Governing Jurisdiction:

Governing Jurisdiction:
This is where the Power of Attorney will actually be used - in other words, the physical location of the property or assets that are being controlled.
 

Donor's Contact Information:

Donor's Contact Information:
The Donor (called a Grantor in Saskatchewan) is the person who is granting the powers.
 

Attorney Details:

Attorney Details:
Each person whom the Donor is granting powers to is called an Attorney. If you choose two, they can make decisions "jointly" (MUST have consent of other Attorney) or "jointly and independently" (do not require consent of the other Attorney to make decisions).
 

Attorney Contact Information:

First Attorney's Contact Information:

 

Second Attorney's Contact Information:

 
 

Alternate Attorney Details:

Alternate Attorney Details:
If your Attorney(s) are unwilling or unable to exercise their powers, the Alternate Attorney(s) will be able to exercise them.
 

Alternate Attorney Contact Information:

First Alternate Attorney's Contact Information:

 

Second Alternate Attorney's Contact Information:

 

Attorney Compensation/Benefits:

 

Power of Attorney Duration:

Power of Attorney Duration:
An Enduring (or Continuing, in Ontario) Power of Attorney will remain effective if you lose mental capacity. It can come into effect immediately, or only once you become incapacitated. A non-Enduring Power of Attorney will automatically end upon your incapacitation, or at a time you specify.
 

Determination of Incapacity:

Determination of Incapacity:

Enter your description so it begins the sentence: [description] will be conclusive proof of my incapacity.
Enter your description so it begins the sentence: [description] will be conclusive proof of my incapacity.
 
 

Powers Granted:

Powers Granted:
Giving a "general power" means giving your Attorney the authority to do anything you could otherwise do, if personally present. However, in most provinces, this does NOT include the power to manage real estate. If your Attorney will be managing real estate, select this option from the list of specific powers.
 

Limited Powers:

Additional Powers:

 

Attorney Responsibilities/Restrictions:

 

Signatures Required:

In Alberta, your Power of Attorney MUST be signed in front of one witness to be valid. The witness cannot be the Attorney, or a spouse or partner of the Attorney or the Donor. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Please choose the appropriate options below.
To ensure the validity of this document, have it signed in the presence of a Notary Public and one or more witnesses. This will make your document more acceptable at financial institutions and other organizations. Please choose the appropriate options below.
In Saskatchwan, your Power of Attorney MUST be witnessed by a lawyer OR two witnesses. The witnesses must be adults, and cannot be the Attorney, or a spouse of the Attorney or the Grantor. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Please choose the appropriate options below (if a lawyer will be witnessing this document, select that you WOULD like a certificate of legal advice).
In Manitoba, your Power of Attorney MUST be signed in front of a Notary Public and one witness to be valid. The witness cannot be your Attorney or his/her spouse. Please choose the appropriate options below.
To ensure the validity of this document, have it signed in the presence of a Notary Public and one or more witnesses. This will make your document more acceptable at financial institutions and other organizations. Please choose the appropriate options below.
In New Brunswick, your Power of Attorney MUST be signed in front of one witness (who is NOT your Attorney) to be valid. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Please choose the appropriate options below.
In Prince Edward Island, your Power of Attorney MUST be signed in front of one witness (who is NOT your Attorney or your Attorney's spouse) to be valid. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Please choose the appropriate options below.
In Newfoundland and Labrador, your Power of Attorney MUST be signed in front of one witness (who is NOT your Attorney or your Attorney’s spouse) to be valid. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Please choose the appropriate options below.
In the Yukon Territory, your Power of Attorney MUST be accompanied by a certificate of legal advice signed by a lawyer (who cannot be your Attorney or his/her spouse). Please select this option below. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Finally, the Attorney(s) MUST acknowledge the appointment using the form that will print out automatically with your document.
In the Northwest Territories, your Power of Attorney MUST be signed in front of one witness (who is NOT your Attorney or your Attorney's spouse) to be valid. To make your document more acceptable at financial institutions and other organizations, we highly recommend the presence of a Notary Public or Commissioner of Oaths. Please choose the appropriate options below.
A Witness Certificate is signed by the witness(es), whereas an Affidavit of Execution must be sworn by the witness(es) before a Notary Public or Commissioner of Oaths.
 

Date of Signing, if known:

 

Place of Signing: