A document to complement your Will

WHAT IS A POWER OF ATTORNEY?
A Power of Attorney is written authority given by one person to another to act for him or her.

The authority granted may be specific (example - to sell property or to deal with a financial institution) or it may be general, permitting the attorney to look after all the personal and business affairs of a person, as may be required when a person is confined due to physical or mental limitations.

WHY SHOULD I CONSIDER A POWER OF ATTORNEY?
Life expectancy is increasing (80.5 years for females, 73.7 years for males), as are the risks for cardiovascular disease (example - stroke) and Alzheimer's disease.

Most people have taken the time to prepare a Will to distribute their property upon death. Likewise, a person should have a Power of Attorney appointing a person to look after their affairs during their lifetime should they experience a mental dysfunction.

SOME COMMONLY ASKED QUESTIONS:
1. I have an executor; why do I need a Power of Attorney?
An executor's legal authority begins after the death of the testator. An executor cannot legally manage anyone's affairs during their lifetime.

2. My mother/father has signed a bank Power of Attorney form. Isn't that sufficient?
It is sufficient for that particular financial institution only. You should consider a general Power of Attorney applicable to all financial institutions and places of business, and applicable to your personal affairs.

3.I don't see any need to have a Power of Attorney right now. I can appoint someone when I know that my health is deteriorating.
Yes, you can sign a Power of Attorney at any time in the future provided that you are mentally alert and physically able. Some families wait too long and their loved one has passed the point of fully understanding or being able to execute documents. The Power of Attorney is legal only when a consenting mind accompanies the signature of the person.

4.Whom can I appoint as a Power of Attorney?
Anyone - but preferably someone of legal age. If you are married, your spouse is the logical choice. The important consideration is naming someone in whom you have absolute trust and confidence.

5.If I appoint someone to act as a Power of Attorney, can I cancel the appointment?
Yes, you may, provided you are legally competent to make that decision. The same mental alertness test applies both to making and to canceling a Power of Attorney.

6.What happens to a person who becomes mentally unable to handle their affairs and there is no Power of Attorney?
A court application is required to be made to appoint a guardian. The application can be made by any family member or next-of-kin. If there is no one to make the application, the Public Trustee for the province of Saskatchewan can become involved.

7.Is a Power of Attorney expensive?
The legal fee is between $65.00 and $125.00.  The cost can be ten times as much if a court application is required.