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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100962
Experience:  Lawyer
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A decade ago my father granted me a Continuing Power of

Customer Question

A decade ago my father granted me a Continuing Power of Attorney before he left the country. Unfortunately, I lost the physical document after moving, and have no way of contacting the lawyer whom we used for this transaction as I had his contact information with the document that has gone missing, and seeing as it was a long time ago forgot his name to look him up. I now need to take care of something for my father, but without the physical document how can I proceed? How best to obtain a new copy of said document, and is it even possible to do so or am I in a hopeless situation here?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is you father mentally competent at this point in time?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

Then the continuing POA would not apply as that is for when your father becomes incompetent only.

As he is competent he simply has to sign a new POA for you but he has to sign a general POA and not the continuing POA form for things you are to help with now.

Let me know if you need any further clarification.

Expert:  Debra replied 1 year ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Customer: replied 1 year ago.
My father is in the middle east right now, he would have to go through a lawyer there I'm guessing? That's fine about the phone call, clicked by mistake anyhow.
Expert:  Debra replied 1 year ago.

No. He does not have to go through a lawyer.

If you send him the form from your province then he can sign it they are and send it back. He will just need a witness.

Customer: replied 1 year ago.
Do you know what government agency/department deals with this in Ontario? I have been trying to find this information for about a week without any joy, hence my turning to this service.
Expert:  Debra replied 1 year ago.

You should contact the CIC because they are responsible for work permits.

If you want to speak to someone about the taxes you can call the Canada revenue agency.

Customer: replied 1 year ago.
I'm not sure this last answer here was meant for me.........
Expert:  Debra replied 1 year ago.

I am very sorry about that. From time to time the site seems to have some sort of glitch and answers from one customer appear on another's post.

There is no government branch that would deal with this in Ontario when your father is competent. I why do you feel you need the government's assistance? Is it to get the correct form for example?

Customer: replied 1 year ago.
I want to know where I can obtain the forms to send him for him to sign to send back to me. I had assumed it would be a simple case of finding the right government department, and them looking up my/his names on their registry and printing me out a new copy of the original, which I assumed would be stored on a database somewhere in order to be known to be valid.
Customer: replied 1 year ago.
he would have to handle this from his end is what you're saying? I cannot recover a lost POA, he would have to make a new one from over there?
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

There is no registry for POAs.

And as I've already explained even if you found that POA it cannot be used now. It can only be triggered when your father is determined to be incompetent.

If this is for a bank the bank will have it's own form.

If it is for a real estate matter then you would need to get a specific form from the lawyer who is going to assist you with this.