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Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Power of Attorney Form

July 8, 2015 - Updated: August 19, 2015

Sometimes, it is helpful to use a Power of Attorney Form.

 

Here is an example:

 

Continuing Power of Attorney for Property

 

(Made in accordance with the Substitute Decisions Act, 1992)

____________________________________________________________

 

1. APPOINTMENT: I,____________________________revoke any previous continuing power of attorney for property made by me and

APPOINT:_________________________________________________________ ____________________________________________ to be my attorney(s) for property.

 

2. If you have named more than one attorney and you want them to have the authority to act separately, insert the words “jointly and severally” here:_____________________ (This may be left blank.)

 

3. If the person(s) I have appointed, or any one of them, cannot or will not be my attorney because of refusal, resignation, death, mental incapacity, or removal by the court, I SUBSTITUTE: ______________________________________

(This may be left blank.)

 

to act as my attorney for property with the same authority as the person he or she is replacing.

 

4. I AUTHORIZE my attorney(s) 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, subject to the law and to any conditions or restrictions contained in this document. I confirm that he/she may do so even if I am mentally incapable.

 

5. CONDITIONS AND RESTRICTIONS

Attach, sign, and date additional pages if required. (This part may be left blank.)

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

6. DATE OF EFFECTIVENESS Unless otherwise stated in this document, this continuing power of attorney will come into effect on the date it is signed and witnessed.

 

7. COMPENSATION Unless otherwise stated in this document, I authorize my attorney(s) to take annual compensation from my property in accordance with the fee scale prescribed by regulation for the compensation of attorneys for property made pursuant to Section 90 of the Substitute Decisions Act, 1992.

 

8. SIGNATURE:___________________________________DATE:_____________

 (Sign your name in the presence of two witnesses.)

 

ADDRESS:_________________________________________________________

(Insert your full current address here.)

 

9. WITNESS SIGNATURE

 

[Note: The following people cannot be witnesses: the attorney or his or her spouse or partner; the spouse, partner, or child of the person making the document, or someone that the person treats as his or her child; a person whose property is under guardianship or who has a guardian of the person; a person under the age of 18.]

Witness #1: Signature: _______________________Print

Name:________________________________________

 

Address:___________________________________________________________

______________________________________________Date:________________

Witness #2: Signature: _______________________Print

Name:________________________________________

Address:___________________________________________________________

______________________________________________Date:________________

 

 

And, from time to time, it may be wise to include the following optional clause in respect to the Family Law Act, usually it woud be added before the Conditions and Restrictions clause, if required:

 

Family Law Act Consent

 

 

1.     If my spouse disposes of or encumbers any interest in a matrimonial home which I have a right to possession under Part 2 of the Family Law Act, I authorize the attorney maned in this  power of attorney for me and in my name to consent to the transaction as provided for in clause 21(2)(a) of the Act.


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Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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