Legal: Continuing Power of Attorney for Property

A CPOA covers your financial affairs and allows the person you name to act for you even if you become mentally incapable.

A non-continuing Power of Attorney for Property covers your financial affairs and can’t be used if you become mentally incapable. You might give this POW if you need someone to look after your financial transactions while you’re away from home for an extended period of time.

Do I have to use a specific form to make my CPOA?

No. A special form is not required. But to be valid the document must be called a CPOA for Property or say that it allows your attorney to continue acting for you if you become mentally incapable.
Name one or more persons to act as your attorney for property.
Be signed by you and dated.
Be signed by two witnesses who saw you sign the document.

Who is allowed to make a CPOA?

Anyone who is 18 years of age or older and who has the necessary level of mental capacity can make a CPOA.

Who can I appoint as my attorney for property?

The law allows you to appoint anyone you choose as long as he or she is 18 years of age or more.
You can name someone who lives outside the province.
You can also name more than one person.

Is there anything I can do in advance to reduce the likelihood that my CPOA will be challenged?

If you anticipate that someone may challenge your CPOA by saying, for example, that you aren’t mentally capable, it would be advisable to consult with a lawyer.
You may also want to ask your doctor for a medical report confirming your capacity.

Is my attorney entitled to be paid?

Yes, your attorney is entitled to take payment from your funds at a rate specified by law unless you say otherwise in your CPOA.

If I change my mind, how can I cancel my CPOA?

To cancel your CPOA you must state in writing that you are “revoking” it.
There is no special form for this statement, which is referred to as a “revocation.”
It must be signed and witnessed by two people, the same way as your POA.
You are considered capable of revoking your CPOA if you have the capacity to make one.

What happens if I don’t make a CPOA and I become unable to manage my own finances?

It depends on the situation
If you have no assets and get only pension income from the government, a family member or friend may be able to ask the pension source for permission to manage this income on your behalf.
If your finances are more extensive, a family member or friend could apply to be your guardian.

(Information from Office of the Public Guardian and Trustee, “Powers of Attorney and Living Wills”, 2005).