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The Powers of Attorney Act
This is an unofficial archived version of The Powers of Attorney Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P97

The Powers of Attorney Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Operation respecting property acquired after execution of power.

1

Every power of attorney, unless otherwise expressed, confers upon the donee of the power the same rights and powers in respect to property acquired by the donor of the power after the execution of the power of attorney, as is conferred upon the donee by the power of attorney in respect to the property owned by the donor at the time of the execution of the power of attorney.

Termination of authority under power of attorney.

2(1)

Where the authority under a power of attorney is terminated, an act in pursuance of the power by the attorney in favour of a person who does not know of the termination of the authority is valid and binding in favour of the person and in favour of a person claiming under him.

Liability of attorney for acts done after termination.

2(2)

Where the authority under a power of attorney is terminated, the attorney is not liable to the donor of the power or the estate of the donor for an act in pursuance of the power where the attorney did not know, and with the exercise of reasonable care would not have known, of the termination of the authority.

Enduring power of attorney.

3(1)

The authority of an attorney given by a written power of attorney that,

(a) provides that the authority is to continue notwithstanding any mental infirmity of the donor; and

(b) is signed by the donor and a witness, other than the attorney or the spouse of the attorney, to the signature of the donor;

is not terminated by reason only of subsequent mental infirmity that would but for this Act terminate the authority.

Effect of appointment of a committee.

3(2)

Subject to section 2, the authority of an attorney under a power of attorney referred to in subsection (1) terminates, upon the Public Trustee or any other committee of the donor taking over the custody, management and administration of the estate of the donor pursuant to The Mental Health Act or an order of The Court of Queen's Bench made under that Act.

Effect to irrevocable power of attorney for value.

4(1)

Where a power of attorney given for valuable consideration is in the instrument creating the power expressed to be irrevocable, then, in favour of a purchaser,

(a) the power shall not be revoked at any time, either by anything done by the donor of the power without the concurrence of the donee of the power, or by the death, disability or bankruptcy of the donor of the power;

(b) any act done at any time by the donee of the power in pursuance of the power is as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, disability or bankruptcy of the donor of the power, had not been done or happened; and

(c) neither the donee of the power nor the purchaser shall at any time be prejudicially affected by notice of anything done by the donor of the power, without the concurrence of the donee of the power, or of the death, disability or bankruptcy of the donor of the power.

Meaning of "purchaser" and "property".

4(2)

In this section "purchaser" means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in, or lien, or charge, upon property, and "property" includes anything in action and any interest in real or personal property.