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Q:Misplaced the original PoA document. We have only a copy

Customer Question
left. What can we do...
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
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5/26/2015
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,786
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Did a lawyer do the document?
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Customer reply 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.
Lawyer: Debra, Lawyer replied 2 years ago
Who is asking for the original?
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Customer reply replied 2 years ago
My mothers bank and financial planner.
Lawyer: Debra, Lawyer 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.
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Customer reply replied 2 years ago
Would a section 7 representative agreement take the place of the financial support?
Lawyer: Debra, Lawyer replied 2 years ago
It could but it has to have been signed already if your mother is no longer competent.
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Customer reply 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.
Lawyer: Debra, Lawyer replied 2 years ago
If this is BC the form has to be signed when the person is still competent.
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