Bussey Ainsworth assists clients in Peterborough and across Ontario with clear, legally sound Power of Attorney planning to ensure that trusted decision-makers are in place if incapacity or emergency arises.
Book a ConsultationWe help clients understand their options, choose appropriate representatives, and prepare properly drafted documents that protect their financial, legal, and personal care interests.
Our approach focuses on clarity, enforceability, and practical safeguards, so families and decision-makers can act with confidence when it matters most.
A Power of Attorney is a legal document that allows you, the "donor", to give another person, the "attorney", authority to act on your behalf for specified matters. Even if you give someone Power of Attorney you do not relinquish the right to continue to act on your own behalf. You still have control of your affairs. You maintain your right choose as long as you have mental capacity.
You may want to allow your attorney to "continue" his or her authority by making your Power of Attorney document a "Continuing Power of Attorney for Property". It is called "continuing" because the appointment "continues" even after you are no longer mentally capable to make the decisions yourself about your property. Another common word to describe this is "durable" which means the same as "continuing".
Then you may want to have a Power of Attorney for Personal Care. This document gives your attorney the authority to make personal care decisions on your behalf when you no longer have capacity to make those decisions.
When you are unable to deal with your affairs. For example:
Anyone who is of legal age and is mentally competent. Choose someone in whom you trust and who will carry out your wishes, i.e. relative, friend, Lawyer, or Trust Company.
The Power of Attorney must be in writing and signed and sealed by the Donor & that is the person appointing the Attorney, The Attorney is the person you appoint to look after your affairs as stated in the Power of Attorney document. A witness to your signature may be required.
A General Power of Attorney gives the Attorney power to act in every capacity for the donor (except make a will). A specific Power of Attorney (such as for personal care) gives the Attorney power to carry out only specific acts on your behalf. Given the extraordinary powers given to your attorney, you have to be very careful to use the correct wording to ensure the document meets your goals.
A Donor can provide that a Power of Attorney (a "continuing" or "durable" power of attorney as noted above) may continue notwithstanding any mental infirmity providing it has been witnessed by a person other than the donee or his or her spouse. In other words, the Attorney nor his or her spouse cannot be a witness to your power of attorney document. If they are and you become mentally incompetent then your Attorney cannot act on your behalf because of those witnesses to your signature.
There is always the risk the Attorney may abuse the Power of Attorney. It is crucial that you are absolutely confident in the character of your attorney because there is always a risk your attorney could go rogue against your wishes, even though he or she believes they are acting in your best interests. Be sure to consult family, close friends and consult a lawyer to ensure your interests are protected.
It is wise to have a Lawyer prepare the Power of Attorney document, to ensure all terms and restrictions are clearly identified. One may consider appointing two Attorneys to act jointly. Give specific rather than general Powers of Attorney. Check Bank Statements and Cancelled Cheques carefully. Place a limit on the amount that an Attorney can withdraw without additional authorization from you. Keep an up-to-date inventory of your property, jewellery, savings, silverware, furnishings, and investments.
It will be necessary to apply to the Courts to have an individual appointed to administer your Estate while you are alive yet unable to handle your own affairs. The Public Guardian and Trustee may take over your estate but that will only be in the case of a last result, For example, if there is no one who is willing or able to act on their behalf.
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