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Answered in 26 minutes by:
9/18/2013
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
VerifiedHello
The legislation in the province states that for a POA to be valid after the person who grants it no longer has mental capacity (called an enduring POA), it must meet these requirements:
12(1) An enduring power of attorney is not valid unless it meets at least one of the following requirements:
(a) it is witnessed by a lawyer and accompanied by a legal advice and witness certificate in the prescribed form;
(b) it is witnessed by two adults with capacity who are not the attorney or family members of either the grantor or the attorney and accompanied by witness certificates in the prescribed form.
So if the witnesses that you mention meet the requirements in 12(b) then the second POA can be valid, both to revoke the prior POA and to give the attorney power as set out in the document.
Yes, you can rely on the POA now.
You also should not hesitate to speak to a lawyer in person before making any decisions. . Any lawyer that you speak to will owe you a duty of confidentiality and may not discuss the fact that you sought advice or what you discussed.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
The legislation in the province states that for a POA to be valid after the person who grants it no longer has mental capacity (called an enduring POA), it must meet these requirements:
12(1) An enduring power of attorney is not valid unless it meets at least one of the following requirements:
(a) it is witnessed by a lawyer and accompanied by a legal advice and witness certificate in the prescribed form;
(b) it is witnessed by two adults with capacity who are not the attorney or family members of either the grantor or the attorney and accompanied by witness certificates in the prescribed form.
So if the witnesses that you mention meet the requirements in 12(b) then the second POA can be valid, both to revoke the prior POA and to give the attorney power as set out in the document.
Yes, you can rely on the POA now.
You also should not hesitate to speak to a lawyer in person before making any decisions. . Any lawyer that you speak to will owe you a duty of confidentiality and may not discuss the fact that you sought advice or what you discussed.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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