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Interprovincial Recognition of Substitute Decision-Making Documents, Report 32

Substitute decision-making documents (also called powers of attorney, proxies, personal directives, etc…) delegate authority to one person to act on behalf of another with respect to financial, property or legal affairs and/or personal or health care matters. A valid substitute decision-making document must conform to the laws of the jurisdiction where it is executed. Execution requirements, however, are not uniform across jurisdictions. As a result, a substitute decision-making document may not be recognized outside of […]

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FILE RFD32.pdf

December 1, 2017

Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88

The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor’s mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as “enduring” powers of attorney (EPA). The great majority of attorneys exercise their control for the donor’s benefit, […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr088.pdf

February 1, 2003