What is a power of attorney?
A power of attorney is a legal document that gives your “attorney” the authority to make decisions in your place. A power of attorney for personal care, a continuing power of attorney for property, and a non-continuing power of attorney for property are the three types of powers of attorney that are often available.
Power of attorney for personal care
If you become mentally incapable of making choices for yourself, a power of attorney for personal care allows your attorney to act on your behalf. When it comes to making decisions about your personal care and health, such as whether to accept or reject specific medical treatments, your attorney steps in as your replacement decision-maker. A personal care power of attorney will help ensure that your personal care wishes are honored and will ensure that a trusted individual is making choices about your care.
Power of attorney for property
With a continuing power of attorney for property, your attorney can take care of your financial issues and can represent you even if you lose your mental capacity. This entails handling your financial affairs, paying your bills and rent, and making purchases on your behalf. An individual you trust will be able to manage your finances in the event that you are unable to do so thanks to a continuing power of attorney for property.
Why do I need a power of attorney?
An important legal document is a power of attorney. It’s the simplest way to guarantee that decisions are made in your best interest and that your wishes for your property and medical care are followed.
Your family may find it extremely challenging to manage your assets and property while also making medical decisions on your behalf if you become incapacitated and do not have a power of attorney. To be able to act on your behalf, they might need to get legal counsel or take other legal action. This might get very pricey and complicated.
Making powers of attorney is a very basic and easy method to begin preparing for the more difficult what-ifs that may arise in life. It will also provide you peace of mind knowing that someone you can trust will be able to handle your personal care and money if you are unable to.
When should I start planning my power of attorney?
As of right now. The optimum time to draft a power of attorney is before you need one, i.e., when you are well and not going through a medical emergency.
It can be difficult for many people, including myself, to discuss or even plan for some of the most challenging aspects of life, such as what will happen to us if we become ill or otherwise unable to take care of ourselves. There may be some denial on our part that we would ever have to deal with a situation like that, or we may feel like we have plenty of time to sort it out. Perhaps we simply don’t want to consider it.
Don’t delay; you owe it to your family and yourself. Creating a plan for life’s what-ifs is never too early.
How do I create a power of attorney?
A power of attorney package that is free, very easy to use, and comes with templates for both a continuing power of attorney for property and a power of attorney for personal care has been developed by the Ministry of the Attorney General. However, we strongly advise that you see an attorney if you have any doubts regarding a power of attorney or if you would like to add more complicated instructions to your power of attorney.
What are the signing requirements for power of attorney?
You must sign your power of attorney in front of two witnesses for it to be enforceable in court. The power of attorney must be signed by the witnesses as well. The witnesses cannot include the attorney, their spouse or partner, your spouse, partner, child, or a person you treat as your kid, a person whose property is subject to guardianship or who has a guardian of the person, a person under the age of 18, or anybody who is under the care of another person.
Does my power of attorney need to be notarized?
A notary authenticates the authenticity of the signature on a document before signing and notarizing it with their notary seal.
Although notarization of your power of attorney is not legally required, there are plenty of solid reasons to do so.
First off, having your power of attorney notarized gives other parties confidence that the signature is real and the documents are valid. As a result, it is less likely that your power of attorney’s legitimacy will be questioned.
Furthermore, a lot of financial organizations, including banks, won’t accept powers of attorney for property unless they are notarized. We advise you to contact your bank for more information if you are unsure of the criteria.
All About Statutory Declarations of Identity
A protected person must submit identification documents, such as a passport, travel document, or identity card issued outside of Canada, to Immigration, Refugees and Citizenship Canada when they apply for permanent residence in Canada.
An applicant might not have a passport, travel document, or identity documents in some circumstances. The applicant may instead offer statutory declarations confirming their identification.
What is a statutory declaration of identity?
In order to satisfy a legal or regulatory obligation, a person may declare something to be true in a statutory declaration, which is a type of legal document.
A statutory declaration of identification is a formal document that enables someone to vouch for their own identity or another person’s identity.
A PR card renewal applicant who is unable to submit identification documents must instead submit two statutory declarations.
The applicant must first swear an oath under oath stating their identification and the reasons they are unable to obtain identity documents issued outside of Canada. This justification must be plausible, substantiated, and pertinent to the circumstances in the nation that would otherwise issue the identity documents.
A statutory declaration attesting to the applicant’s identification made by another person is the second requirement. An official of an organization that represents citizens of the applicant’s country of nationality or formal habitual residence, or a friend or family member who was acquainted with the applicant before they immigrated to Canada, may serve as this person.
Do statutory declarations of identity need to be notarized?
Yes, notarization is required after a person signs a statutory declaration of identification in front of a notary.
LET JURIS NOTARY HELPDo you need to consult with someone about your legal matters or need to get any documents notarized? Get in touch with Juris Notary, and we’ll be happy to help you out or point you in the correct direction if need be.
