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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Q:Misplaced the original PoA document. We have only a copy

Customer Question

Q:Misplaced the original PoA document. We have only a copy left. What can we do my mothers dementia is progressing rapidly?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Did a lawyer do the document?
Customer: replied 2 years ago.
It was a notary I believe. We have contacted her and were told that they would have given the original document to the last person who signed it. That would have been me I expect but I would have returned it to my mother. We have been through her documents and are not able to locate it anywhere in my house or hers.
Expert:  Debra replied 2 years ago.
Who is asking for the original?
Customer: replied 2 years ago.
My mothers bank and financial planner.
Expert:  Debra replied 2 years ago.
You can tell them the original cannot be located.If they won't accept the copy then the notary can notarize a copy which would then have the same force and effect as if it was the original. The notary can do this as the notary prepared the original.If that doesn't work you will need to seek a court order unfortunately.
Customer: replied 2 years ago.
Would a section 7 representative agreement take the place of the financial support?
Expert:  Debra replied 2 years ago.
It could but it has to have been signed already if your mother is no longer competent.
Customer: replied 2 years ago.
There are two types of rep agreements. Section seven is for people with special needs or dementia and covers simple financial matters, and section nine does not cover everyday financial matters but is designed for individuals who are of sound mind. As a special educator I have helped parents draw up the former but never the latter. Can you confirm that and get back to me? I have been looking at the nidus webpage.
Expert:  Debra replied 2 years ago.
If this is BC the form has to be signed when the person is still competent.

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