A Power of Attorney is a legal document between two people who are of sound mind. Power of Attorney (POA), gives a person the legal right to act on someone's behalf in money or property matters. Older adults often grant POA to a trusted family member or friend during illness or extended vacations. A POA can give people peace of mind that their affairs will be taken care of. It is important to know that the main concepts in acquiring a POA are: making a wise decision about the kind of POA sought, and choosing who would be the best "attorney".
An Enduring POA gives the attorney similar authority over financial and property matters. It however, is still valid in the event that the donor becomes mentally incompetent. Therefore it is a precautionary measure, ensuring a person's affairs will be managed by a trusted person, of his or her own choice, in case he/she were ever to become mentally incompetent.
Remember: POA is power over a person's financial and property affairs. It does not mean the "attorney" has control over all aspects of the donor's life such as where he/she is going to live or what medical treatment he/she will receive.
Resources:
1. Page 40-45 in the
Legal Information Guide for Seniors explains Power of Attorney:
http://www.gov.mb.ca/publictrustee/pdf/legal_guide_seniors.pdf
2. Public Trustee of Manitoba - Enduring Power of Attorney (POA) - A Guidebook for Donors and Attorneys. Link to the online guide:
http://www.gov.mb.ca/publictrustee/pdf/power_of_attorney_guidebook.pdf
3. What every older Canadian should know about: Powers of Attorney (for financial matters and property) and Joint Bank Accounts:
http://www.seniors.gc.ca/eng/working/fptf/attorney.shtml
Note: A & O: Support Services for Older Adults in Winnipeg, Manitoba has a lawyer that can help people complete the POA papers at a reasonable cost. Call for an appointment at: 204-956-6440.
