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Canadian Power of Attorney

A Power of Attorney is a document that allows you to name a person to act on your behalf or make decisions on your behalf if you are unable to do so.

There are a number of different types of Power of Attorney but they can at a high level be categorized as Financial Powers of Attorney and Healthcare Powers of Attorney. In both cases you (the "principal" or "granter" or "donor") grants another person (the "agent" or "attorney" or "attorney in fact" or "proxy") a specified set of powers to act on your behalf.

The person that you grant the powers to is called an "attorney" in this context, but they needn't be an attorney. It can be just a friend or family member. The term "attorney" in this context just means somebody who has been granted the powers.

A Power of Attorney can be "special" or "limited" or it can be "general". It is also important to note that a Power of Attorney is immediately revoked once the grantor dies, at which point a Last Will and Testament comes into effect.

The Healthcare Power of Attorney is part of an Advance Directive and often combined with a Living Will. The Living Will states a person's preferences for terminal care, while the Healthcare Power of Attorney nominates a person to make health care decisions on your behalf if you are unable to speak for yourself.

A Financial Power of Attorney nominates a person to make financial decisions or carry out business transactions on your behalf if you are unable to do so.

Powers of Attorney can be "durable", which means they continue to be effective even if you are incapacitated or "springing", meaning that they only become effective if you are incapacitated.

It is possible to create your own Financial Power of Attorney and Healthcare Power of Attorney with a Living Will in Canada or create your own Financial Power of Attorney and Healthcare Power of Attorney with a Living Will in the United States without the use of a lawyer.

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Our mandate is to allow people to create common legal documents in a very easy, convenient, private, secure and cost-effective manner, without the need to pay the high expenses of a lawyer. We go far beyond any do-it-yourself kit or online repository of legal forms and documents.

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