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Power of Attorney

Secure your legal standing with assurance through GM Law’s all-encompassing Power of Attorney services. We are dedicated to offering unbroken advice and robust strategies, protecting your interests and ensuring you maintain absolute command over your legal choices.

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Steering Your Affairs in the Right Direction

What is Power of Attorney?

A Power of Attorney (POA) is a legal document that grants one person, termed the ‘principal’, the authority to delegate certain powers to another individual, known as the ‘attorney’. This delegation allows the attorney to make decisions and perform actions on the principal’s behalf under specified conditions.

The scope of the power granted can be broad or limited based on the principal’s preferences. The attorney might be given authority over financial matters, medical decisions, or other personal affairs. The person appointed as the attorney doesn’t have to be a legal professional – it can be a trusted family member, friend, or any person the principal believes will act in their best interest.

It’s important to note that despite its name, a Power of Attorney doesn’t give the attorney the power to represent the principal in all matters. The attorney’s authority is limited to the powers explicitly mentioned in the POA document.

Why is a Power of Attorney Needed?

Unforeseen events like an accident, an illness, or an extended absence can make it difficult, if not impossible, for you to handle your affairs. In such cases, having a POA in place ensures that someone you trust can legally manage your affairs and make decisions that align with your wishes.

For instance, if you’re incapacitated due to an accident and you have a POA in place, your attorney can handle your finances, ensuring that bills are paid, and investments are managed. Similarly, if you’re traveling and need to conclude a real estate deal, your attorney can sign the paperwork on your behalf.

DIFFERENT TYPES OF POAS IN ONTARIO?

In Ontario, Power of Attorney is primarily categorized into two types:

Power of Attorney for Property/Financial Matters

This type of POA grants your designated attorney the authority to manage your financial affairs, which may include signing documents related to buying, selling, or refinancing properties. This individual steps in to act on your behalf when you are either unavailable or incapable of handling these matters personally.

Power of Attorney for Personal Care

This type of POA comes into play when personal decisions concerning your health or living arrangements need to be made. For instance, if you require a decision on healthcare provision or your living arrangements, your appointed attorney will have the authority to make these decisions on your behalf. In severe medical conditions that have life-or-death implications, this attorney also possesses the authority to provide necessary consents

Types of Power of Attorney

There are generally two types of POAs:

General Power of Attorney: This gives your attorney broad powers to handle your affairs. It is useful in a wide range of situations, from handling your finances to making healthcare decisions.

Limited Power of Attorney: This restricts your attorney’s authority to a specific task or situation. It could be managing a particular property, handling a specific investment, or making healthcare decisions for a specific procedure.

At GM Law, we guide you on which type of POA best suits your needs. We provide comprehensive guidance, ensuring you understand the implications of each type and making sure your POA reflects your wishes.

Having a POA is a proactive way to prepare for the unexpected. It provides peace of mind, knowing that whatever life throws your way, someone you trust is authorized to handle your affairs in a manner that reflects your preferences and best interests.

How GM Law Helps with Your Power of Attorney

Creating a POA involves more than just filling in a form. It requires careful thought, a clear understanding of what you want, and a deep dive into the potential scenarios where the POA might come into play. At GM Law, we provide expert guidance through this process.

Our first step is to have an in-depth conversation with you to understand your needs, circumstances, and concerns. This helps us advise you on the type of POA that best suits your situation. We then assist you in drafting the POA, ensuring it accurately reflects the powers you wish to delegate, the circumstances under which it should come into effect, and any limitations you wish to impose.

We explain each section of the POA in simple language, ensuring you fully understand its implications. We also guide you on the proper execution of the document, ensuring it’s legally valid and enforceable.

After your POA is set up, we remain available to answer any questions and to make any necessary adjustments as your situation changes.

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