C.C.S.M. c. P97
The Powers of Attorney Act
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Table of Contents
| INTERPRETATION AND APPLICATION | ||
| 1 | Definitions | |
| (2) | Registered common-law relationship | |
| 2 | Act applies despite waiver | |
| (2) | Application of Act to existing enduring power | |
| POWERS OF ATTORNEY GENERALLY | ||
| 3 | Application to after-acquired property | |
| 4 | Acts of attorney after authority terminates | |
| (2) | Attorney's liability for act after termination | |
| 5 | Definitions | |
| (2) | Irrevocable power of attorney for value | |
| SPRINGING POWERS OF ATTORNEY | ||
| 6 | 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 | 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 | Requirements for enduring power | |
| (2) | If donor cannot read or write | |
| (3) | Capacity of donor when power executed | |
| 10.1 | Remote witnessing | |
| (2) | Additional wording required | |
| 11 | 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 | 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 | Donor may appoint any number of attorneys | |
| (2) | When more than one attorney | |
| 18 | Decisions by majority of joint attorneys | |
| (2) | Decision of joint attorneys where no majority | |
| (3) | Objection by person appointed as joint attorney | |
| 19 | 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 | 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 | Jurisdiction of the court | |
| (2) | Who may apply and when | |
| (3) | Notice | |
| 25 | Recognition of foreign enduring power | |
| 25.1 | Regulations | |
| 26 | [amendments to The Mental Health Act] | |
| REPEAL, CITATION AND COMING INTO FORCE |
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| 27 | Repeal | |
| 28 | C.C.S.M. reference | |
| 29 | Coming into force | |
| Back to the Act | Bilingual (PDF) |