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Power of Attorney (POA)

Power of Attorney (POA). Prepared by: The South Asian Legal Clinic of Ontario. What is Power of Attorney (POA)?. If you become mentally unable to take care of your property and yourself, you will need an “attorney” to do it

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Power of Attorney (POA)

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  1. Power of Attorney (POA) • Prepared by: • The South Asian Legal Clinic of Ontario

  2. What is Power of Attorney (POA)? • If you become mentally unable to take care of your property and yourself, you will need an “attorney” to do it • A “Power of Attorney” is a legal document that appoints someone to act on your behalf • “Attorney” does not mean a lawyer—it can be anyone

  3. Types of POA • Continuing Power of Attorney for Property (CPOA) • Non-Continuing Power of Attorney for Property • If you are mentally capable, but need someone to take care of your property for an extended period of time. • Power of Attorney for Personal Care (POAPC)

  4. 1) CPOA • You must be an adult, and “mentally capable,” meaning you: • know what property you have and its approximate value; • are aware of your obligations to those people who depend on you financially; • know what authority your attorney will have; • know that your attorney must account for all the decisions he or she makes about your property; • know that, if you are capable, you may cancel your power of attorney; • understand that unless your attorney manages the property prudently, its value may decline; • understand that there is always the possibility that your attorney could misuse the authority • Make sure your attorney is willing to take on the responsibility

  5. CPOA • You can have multiple attorneys, either: • Joint, who take care of your property together, or • Separate, who take care of different parts of your property • You can name an alternate (backup) attorney

  6. Authority • An attorney can make any financial decision that you can, except write a will • You can also: • limit your attorney’s authority • make rules for him/her to follow

  7. Date of Effectiveness and Compensation • A Power of Attorney takes effect right away • Your attorney is paid a small percentage of your property’s value. As of April 1, 2001: • 3% of monies received • 0.6% of your assets’ average annual value

  8. 2) POAPC • You must be at least 16 years old, and have the mental ability to know: • whether your attorney truly cares about you, and • that he or she may make personal care decisions for you if necessary

  9. Eligibility • People that are paid to support you cannot be your attorney, unless you are related to them. • e.g. your social worker, doctor, or attendant • Like a CPOA, you can appoint joint, separate and alternate attorneys

  10. Authority • An attorney can make any decision about your personal care, including: • Health care, housing, safety, hygiene, clothing and nutrition • The decision to refuse treatment • You can also: • limit your attorney’s authorities • give guidelines for him/her to follow

  11. The Living Will • The living will is a different document from a POAPC, but the two can be combined • It states your wishes about future health or personal care

  12. For more information... • The Ontario Attorney General’s website: • http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/incapacity/poa.asp

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