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The Powers of Attorney Act

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 Guardian and 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