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  Power Of Attorney

 Introduction
There are three commonly used powers of attorney in Ontario namely a General or Special Power of Attorney, the Continuing Power of Attorney of Property, and Power of Attorney for Personal Care. Ambridge Law will help you to prepare any type of Power of Attorney in accordance with Ontario laws and your wishes. TOP

 General and Special Powers of Attorney
A general or special Power of Attorney is a power of attorney for property, that can be useful if you are going to be outside of the province for an extended period of time. Also you can give such a power to a person(s) to deal with your property outside province (for instance, to open a bank account in different country). Special Powers of Attorney would be used in cases such as when you will be out of the country for a few months and you want to appoint an attorney to sell a piece of real estate or a business. TOP

 The Continuing Power of Attorney for Property (also Please see the section titled "Planning of Your Estate / Inheritance")
A Continuing Power of Attorney is a legal document in which you give one or more persons the legal authority to make decisions about your finances, either in the case of you becoming unable to make those decisions yourself (for instance, mentally incapable) or effective upon the creation of the Continuing Power of Attorney. The reason it is referred to as a “continuing” power of attorney is that the power of attorney survives the mental incapacity of the person who gave the power of attorney. All powers of attorney cease upon the death of a person who gave the power of attorney. The Continuing Power of Attorney for Property is very useful if you are incapacitated. In such case it covers who will take care of your investments, real estate, pay funds to your dependents, pay other financial obligations etc. You always can revoke the Continuing Power of Attorney for Property when you become mentally capable (for instance, when you are recovered after coma).

It is extremely important that the Continuing Power of Attorney for Property be properly witnessed and stored. Typically, Continuing Powers of Attorney for Property are broad in scope and therefore they are an extremely important legal document that can give tremendous powers and responsibilities to the attorney. There is a real danger that a Continuing Powers of Attorney for Property can be abused. It is important that safeguards be put in place to avoid such abuse. TOP

 Power of Attorney for Personal Care (also Please see the section titled "Planning of Your Estate / Inheritance")
The Power of Attorney for Personal Care in Ontario is a binding legal document in which you give someone else the power to decide, if you are incapacitated, matters such as health care, nutrition, shelter, clothing, hygiene, and safety. It does not cover issues related to property which should be covered under a Continuing Power of Attorney for Property. It is important that you pick an attorney for personal care who you have confidence in their ability to make personal care decisions affecting you. People sometimes use the term "living will" or "advanced medical directive" to describe the Power of Attorney for Personal Care. However, we would point out that unlike some other jurisdictions a properly prepared and executed Power of Attorney for Personal Care is legally binding in Ontario. Having a Power of Attorney for Personal Care will help avoid a fight between your relatives, not only as to who has the power to decide medical and care issues, but also on the course of action to be followed. TOP

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