CONTINUING POWER OF ATTORNEY FOR PROPERTY
This document is the Continuing Power of Attorney for Property of ________, which is given pursuant to the provisions of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (or any successor legislation or consolidation, repeal, amendment or substitute therefor).
APPOINTMENT OF ATTORNEY
1. I, ________, currently of ________, in the Province of Ontario, revoke any previous continuing power of attorney for property made by me, and I hereby appoint my ________, ________, currently of ________, to be my attorney for property.
2. I authorize my attorney for property to do on my behalf anything in respect of property that I could do if capable of managing property, except make a will. I confirm that my attorney may do so even if I am mentally incapable.
CONTINUING OR ENDURING POWER
This is a continuing or enduring Power of Attorney in that my named attorney may continue to manage my property and affairs on my behalf in the event of any mental incapacity or infirmity.
NATURE OF PROPERTY
In making this Continuing Power of Attorney, I hereby confirm that I understand the following:
(a) The nature, value and extent of my property;
(b) My obligations to my dependants, if any;
(c) That, subject to any conditions or restrictions, the attorney named herein shall have the ability to do anything that I could do, except make or amend a Will;
(d) The attorney must account for their dealings with the grantor, including expenses incurred, debts paid, revenues earned, and anything regarding my property and investments or liabilities taken under management;
(e) That the power of attorney may be subsequently revoked or amended by the grantor, provided they have the capacity;
(f) That my attorney may review my Will in order to ascertain and give effect to the management of my estate in a manner consistent therewith;
(g) That the value of my property may decline as a result of my attorney's management thereof, unless such management is conducted in a reasonably prudent manner;
(h) That the attorney named herein may potentially misuse, defraud, or neglect the management of my property through unauthorized or illegal activities, and I have taken this into consideration prior to making any such appointment.
CONDITIONS AND RESTRICTIONS
1. Subject to applicable law, I require my attorney to obtain a written opinion signed by ________ or whomever I have most recently been seeing as my general/ family physician concurring in the conclusion that I am no longer competent to manage my property before acting under the authority given herein.
2. My attorney will be authorized to do the following on my behalf:
i. make those expenditures that are reasonably necessary for my support, education and care;
ii. make those expenditures that are reasonably necessary for the support, education and care of my dependants; and
iii. be my Legal Representative as defined under the Income Tax Act, RSC 1985, c 1 (5th Supp) for purposes thereof, and to secure information on behalf of my estate regarding dealings with other third-parties including institutions or government entities;
iv. take control of and possess personal property, including those items which may be held in a safe or safety deposit box;
v. exercise all rights pertaining to the disposition or encumbrance of a matrimonial dwelling pursuant to applicable family law;
vi. those expenditures that are necessary to satisfy any other legal obligations I may have.
EFFECTIVE DATE
This power of attorney for property comes into effect once the foregoing condition has been met.
COMPENSATION
1. I hereby declare that my attorney will be entitled to receive reasonable compensation from my estate for acting as my attorney during any future incapacity on my part to manage property and I authorize my attorney to take and transfer to themselves at reasonable intervals from the income and/or capital of my estate amounts on account of compensation which my attorney reasonably anticipates will be requested upon an audit of the estate accounts, (provided however that if the amount subsequently awarded on a Court audit is less than the amount so pretaken, the difference must be repaid forthwith to my estate without interest.)
2. 25252 52 522 2822 22 52225222 88 5 828888225, 52 25 852 8888 82 22282825 22 855522 525 82 2585 588 58558 252228882258 2228 25 22525 8555228 225 85882288 2552858225, 2822 25222525 525 5828 5222 82 582/525 25 588/525 2852 82 8222282822 8825 252 55282882552822 22 22 282522 525 252 255828 22 2588 22825 22 82225222, 828855822 5828 85885 52 52225222 222 82822 82 522 2522288822 25 85882288 82585 5582 5222 2258225882.
EXECUTED at _____________ (city), _____________ (province) this _____ day of ______________, 20__, in the presence of both witnesses, each present and together at the same time, who verily have no reason to believe that the said grantor is incapable.
SIGNATURE
___________________________________
Name:
Address:
Date:
WITNESSES SIGNATURE
Witness 1
___________________________________
Name:
Address:
Date:
Witness 2
___________________________________
Name:
Address:
Date:
CONTINUING POWER OF ATTORNEY FOR PROPERTY
This document is the Continuing Power of Attorney for Property of ________, which is given pursuant to the provisions of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (or any successor legislation or consolidation, repeal, amendment or substitute therefor).
APPOINTMENT OF ATTORNEY
1. I, ________, currently of ________, in the Province of Ontario, revoke any previous continuing power of attorney for property made by me, and I hereby appoint my ________, ________, currently of ________, to be my attorney for property.
2. I authorize my attorney for property to do on my behalf anything in respect of property that I could do if capable of managing property, except make a will. I confirm that my attorney may do so even if I am mentally incapable.
CONTINUING OR ENDURING POWER
This is a continuing or enduring Power of Attorney in that my named attorney may continue to manage my property and affairs on my behalf in the event of any mental incapacity or infirmity.
NATURE OF PROPERTY
In making this Continuing Power of Attorney, I hereby confirm that I understand the following:
(a) The nature, value and extent of my property;
(b) My obligations to my dependants, if any;
(c) That, subject to any conditions or restrictions, the attorney named herein shall have the ability to do anything that I could do, except make or amend a Will;
(d) The attorney must account for their dealings with the grantor, including expenses incurred, debts paid, revenues earned, and anything regarding my property and investments or liabilities taken under management;
(e) That the power of attorney may be subsequently revoked or amended by the grantor, provided they have the capacity;
(f) That my attorney may review my Will in order to ascertain and give effect to the management of my estate in a manner consistent therewith;
(g) That the value of my property may decline as a result of my attorney's management thereof, unless such management is conducted in a reasonably prudent manner;
(h) That the attorney named herein may potentially misuse, defraud, or neglect the management of my property through unauthorized or illegal activities, and I have taken this into consideration prior to making any such appointment.
CONDITIONS AND RESTRICTIONS
1. Subject to applicable law, I require my attorney to obtain a written opinion signed by ________ or whomever I have most recently been seeing as my general/ family physician concurring in the conclusion that I am no longer competent to manage my property before acting under the authority given herein.
2. My attorney will be authorized to do the following on my behalf:
i. make those expenditures that are reasonably necessary for my support, education and care;
ii. make those expenditures that are reasonably necessary for the support, education and care of my dependants; and
iii. be my Legal Representative as defined under the Income Tax Act, RSC 1985, c 1 (5th Supp) for purposes thereof, and to secure information on behalf of my estate regarding dealings with other third-parties including institutions or government entities;
iv. take control of and possess personal property, including those items which may be held in a safe or safety deposit box;
v. exercise all rights pertaining to the disposition or encumbrance of a matrimonial dwelling pursuant to applicable family law;
vi. those expenditures that are necessary to satisfy any other legal obligations I may have.
EFFECTIVE DATE
This power of attorney for property comes into effect once the foregoing condition has been met.
COMPENSATION
1. I hereby declare that my attorney will be entitled to receive reasonable compensation from my estate for acting as my attorney during any future incapacity on my part to manage property and I authorize my attorney to take and transfer to themselves at reasonable intervals from the income and/or capital of my estate amounts on account of compensation which my attorney reasonably anticipates will be requested upon an audit of the estate accounts, (provided however that if the amount subsequently awarded on a Court audit is less than the amount so pretaken, the difference must be repaid forthwith to my estate without interest.)
2. 25252 52 522 2822 22 52225222 88 5 828888225, 52 25 852 8888 82 22282825 22 855522 525 82 2585 588 58558 252228882258 2228 25 22525 8555228 225 85882288 2552858225, 2822 25222525 525 5828 5222 82 582/525 25 588/525 2852 82 8222282822 8825 252 55282882552822 22 22 282522 525 252 255828 22 2588 22825 22 82225222, 828855822 5828 85885 52 52225222 222 82822 82 522 2522288822 25 85882288 82585 5582 5222 2258225882.
EXECUTED at _____________ (city), _____________ (province) this _____ day of ______________, 20__, in the presence of both witnesses, each present and together at the same time, who verily have no reason to believe that the said grantor is incapable.
SIGNATURE
___________________________________
Name:
Address:
Date:
WITNESSES SIGNATURE
Witness 1
___________________________________
Name:
Address:
Date:
Witness 2
___________________________________
Name:
Address:
Date:
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