Creating a Power of Attorney is essential to ensure that your interests are protected in case you are unable to make decisions for yourself. Nigro Manucci specializes in creating Power of Attorney documents, ensuring they are legally sound and tailored to your specific needs. Our experienced team provides you with the peace of mind that your affairs will be handled according to your wishes.
Our team at Nigro Manucci provides comprehensive power of attorney services, including drafting and reviewing these critical documents. We work with you to ensure that your Power of Attorney reflects your unique needs and provides clear instructions for your designated representative.
A Power of Attorney is a document which allows a person to appoint another person, (referred to as an “Attorney”) to handle financial matters. The person making the Power of Attorney is referred to as a “Donor”. Until June 1991, a Power of Attorney was only valid as long as the Donor was mentally competent. In June 1991, the provincial government legislated a new type of Power of Attorney which provided for the powers of the Attorney to endure past the time the Donor became incompetent. The “Enduring” Power of Attorney allows the Donor to plan for his or her own incapacity.
If you are mentally competent and at least eighteen years of age you can make an Enduring Power of Attorney.
An Enduring Power of Attorney can provide you with a relatively simple and straightforward means of planning for your own incapacity. It allows you the ability to personally select a trustworthy individual or individuals (your “Attorney”) to manage your financial affairs and protect your interests should you become mentally incapacitated. In the absence of an Enduring Power of Attorney the procedures necessary to deal with your property can become unnecessarily complex and expensive. Without an Enduring Power of Attorney, often the only option available to the family and friends of a person who has lost his or her capacity is to make an application under the Adult Guardianship and Trusteeship Act. This application requests an Order from the Court that, among other things, authorizes the person making the application to handle the financial (and in some cases the personal) affairs of the mentally incompetent individual. This process is costly and can take several months.
You specify in your Enduring Power of Attorney when it will come into effect. Your Enduring Power of Attorney can come into effect immediately, or you can choose to have a “Springing” Enduring Power of Attorney.
A Springing Enduring Power of Attorney will come into effect only when you are infirm, physically incapable of handling, or mentally incapable of making reasonable judgments in respect to your financial affairs. The written declaration of two physicians would be required to bring the Springing Enduring Power of Attorney into effect.
Unless you state otherwise in the Enduring Power of Attorney, your Attorney will have very wide powers to deal with all matters pertaining to your assets.
You may cancel your Enduring Power of Attorney at any time as long as you have the mental capacity to understand what you are doing. A Power of Attorney also comes to an end when either the Donor or the Attorney dies.
Since 1972, Nigro Manucci has been a trusted name in Wills and Estates law. Our commitment to quality work, integrity, and respect makes us a trusted choice for Power of Attorney services. Our experienced team is dedicated to providing personalized and professional service tailored to meet your unique needs.
Contact Nigro Manucci today to learn more about our Power of Attorney services.
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