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 |