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C.C.S.M. c. P97
The Powers of Attorney Act
| INTERPRETATION AND APPLICATION | |
| 1(1) | Definitions |
| (2) | Registered common-law relationship |
| 2(1) | Act applies despite waiver |
| (2) | Application of Act to existing enduring power |
| POWERS OF ATTORNEY GENERALLY | |
| 3 | Application to after-acquired property |
| 4(1) | Acts of attorney after authority terminates |
| (2) | Attorney's liability for act after termination |
| 5(1) | Definitions |
| (2) | Irrevocable power of attorney for value |
| SPRINGING POWERS OF ATTORNEY | |
| 6(1) | Power in force at future time |
| (2) | Donor may appoint declarant |
| (3) | Attorney may be declarant |
| (4) | Doctors may declare mental incompetence |
| (5) | Release of confidential information |
| 7(1) | Court may determine if power in force |
| (2) | Who may apply |
| (3) | Notice of application |
| 8 | Effect of declaration |
| 9 | Liability of attorney acting in good faith |
| ENDURING POWERS OF ATTORNEY | |
| 10(1) | Requirements for enduring power |
| (2) | If donor cannot read or write |
| (3) | Capacity of donor when power executed |
| 11(1) | Witnesses |
| (2) | Who may not act as a witness |
| 12 | Power may be filed with Public Trustee |
| 13 | Termination of authority under enduring power |
| 14(1) | Suspension on appointment under Vulnerable Persons Act |
| (2) | Term of suspension |
| 15 | Attorney acting in good faith |
| 16 | Who is eligible to be an attorney |
| 17(1) | Donor may appoint any number of attorneys |
| (2) | When more than one attorney |
| 18(1) | Decisions by majority of joint attorneys |
| (2) | Decision of joint attorneys where no majority |
| (3) | Objection by person appointed as joint attorney |
| 19(1) | Duty of attorney to act for donor |
| (2) | Standard of care if attorney not compensated |
| (3) | Standard of care if attorney compensated |
| 20 | Liability of attorney who fails to act |
| 21 | Renunciation of appointment as attorney |
| 22(1) | Duty of attorney to provide accounting |
| (2) | Restriction re nearest relative |
| (3) | Person receiving accounting has no duty |
| 23 | Attorney may satisfy support obligation |
| 24(1) | Jurisdiction of the court |
| (2) | Who may apply and when |
| (3) | Notice |
| 25 | Recognition of foreign enduring power |
| 26 | |
| REPEAL, CITATION AND COMING INTO FORCE | |
| 27 | Repeal |
| 28 | C.C.S.M. reference |
| 29 | Coming into force |