Free Power of Attorney

Free Power of Attorney

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Create Your Free
Power of Attorney

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Power of Attorney

Create your free Power of Attorney

Create your free Power of Attorney

Manitoba
Built for Manitoba
Different provinces have different rules and regulations. Your Power of Attorney will be customized for Manitoba.
Frequently Asked Questions

What is meant by "governing law"?A Power of Attorney is governed by the law of the jurisdiction where the actions of the attorney will be performed. Normally, this is the place in which the property of the donor is located. Therefore, it is not a good idea to appoint an attorney who resides in a different jurisdiction, unless the property or assets you want the attorney to deal with are also in the different jurisdiction. If you anticipate that your attorney will be acting in more than one jurisdiction, you should probably make separate powers of attorney for each jurisdiction.

Examples:
  • If your bank accounts and other property are located in the jurisdiction where you live, you will want to choose that jurisdiction for the governing law, and appoint an attorney who lives in the same jurisdiction.
  • If you live in one jurisdiction but have a bank account or other property someplace else, and you want an attorney to deal with that property, you will want to choose the place where the property is located as the governing law, and appoint an attorney who is located in (or is willing to travel to) the same jurisdiction as the property.

Your Power of Attorney

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ENDURING POWER OF ATTORNEY

THIS ENDURING POWER OF ATTORNEY is given by me, __________, presently of __________, __________, in the Province of Manitoba, on the ______ of __________, _______.

  1. Nature of Power
  2. THIS IS AN ENDURING POWER OF ATTORNEY and the authority of my Attorney shall not terminate if I become disabled or incapacitated or in the event of later uncertainty as to whether I am dead or alive.
  3. Previous Power of attorney
  4. I REVOKE any power of attorney granted by me.
  5. Attorney
  6. I APPOINT __________, of __________, __________, Manitoba, to act as my Attorney.
  7. Governing Legislation
  8. My Attorney will act in accordance with the Powers of Attorney Act of the Province of Manitoba, as may be amended from time to time.
  9. Effective Date
  10. This Power of Attorney will start immediately and will continue notwithstanding my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  11. Powers of Attorney
  12. My Attorney has authority to do anything on my behalf that I may lawfully do by an attorney (the 'general power').
  13. Attorney Compensation
  14. My Attorney will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  15. Co-owning of Assets and Mixing of Funds
  16. My Attorney may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  17. Personal Gain from Managing My Affairs
  18. My Attorney is not allowed to personally gain from any transaction he or she may complete on my behalf.
  19. Attorney Restrictions
  20. This power of attorney is not subject to any conditions or restrictions other than those noted above.
  21. Severability
  22. If any part of any provision of this instrument is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this instrument.
  23. Acknowledgment
  24. I, __________, being the Donor named in this Power of attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power of attorney;
    2. I am of legal age in Manitoba to grant a Power of attorney; and
    3. I am voluntarily giving this Power of attorney.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of __________ in the Province of Manitoba, this ______ of __________, _______.


SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

__________ Donor

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   


NOTARY ACKNOWLEDGMENT


The Province of Manitoba

City/Town __________________

On this the 20th day of February, 2017, before me, ____________________, the undersigned officer, personally appeared __________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as and for his/her respective act and deed for the purposes expressed therein.

In witness whereof I hereunto set my hand and seal.



________________________________________
A Notary Public in and for the Province of Manitoba


My commission expires: ____________________


Power of Attorney

Other Names:

Power of Attorney is also referred to as:

  • POA or P.O.A.
  • Ordinary Power of Attorney
  • Enduring Power of Attorney
  • Continuing Power of Attorney

What is a Power of Attorney?

A Power of Attorney form, also referred to as a POA, is a legal document that gives one or more persons the authority to make financial, property, and real estate decisions on your behalf. The person you assign powers to is called your attorney; they may also be referred to as your attorney-in-fact, representative, or agent.

Your attorney can be nearly any mentally capable adult of legal age. They must not own or work at an extended care facility or nursing home in which you are a resident. They must also not be involved in any type of bankruptcy proceedings when you assign powers to them.

In Canada, every province and territory has its own laws concerning specific provisions and restrictions relevant to a POA. This is why the LawDepot POA form is automatically customized based on your province or territory of residence.

What types of Powers of Attorney are there?

There are generally two types of Powers of Attorney used in Canada: ordinary and enduring.

An ordinary Power of Attorney is valid while you are judged to be mentally capable. Mental capacity is defined and determined by the laws of your province or territory of residence, but generally means you understand how a Power of Attorney works and can freely agree to its provisions.

An enduring Power of Attorney, sometimes referred to as a continuing Power of Attorney, remains valid if you are ever incapacitated and unable to manage your own affairs. For example, this condition could occur due to damage caused by a work or vehicle accident, a debilitating illness, or a severe medical event like a stroke.

A POA form becomes invalid once a person dies. When this occurs, the executor identified in the deceased’s Last Will and Testament is given control over the disbursement of the estate.

Who can you give powers to in a POA?

Powers can be given to your spouse, a family member, a trusted friend, a professional such as a lawyer or accountant, or any other capable adult. The person you assign powers to has the right to refuse, so you should always discuss your plans with the person you want to give powers to before proceeding.

You can choose to give Power of Attorney to more than one person, and specify that your attorneys must all agree before taking action on your behalf. Alternatively, you can make it so your attorneys can act independently of each other.

You can also identify an alternate attorney who is able to act for you if the original attorney is unable or unwilling to do so.

What actions can my attorney take on my behalf?

Your attorney can generally perform all of the personal financial actions you are able to. They can do your banking, purchase or sell your real estate, and sign cheques from your accounts. Your POA stipulates that your personal representative must act in your best interests, keep records of all actions taken on your behalf, and keep your finances and property separate from their own.

You can choose to place restrictions on your POA in order to limit the attorney's actions to specific areas of your finances, such as a certain piece of real estate or a specified business investment.

What actions can't be performed by my attorney?

Your attorney can't make medical decisions for you. If you want to put that type of provision in place, consider creating a Health Care Directive or a Living Will, also known as a Personal Directive or Power of Attorney for Personal Care.

Your attorney cannot create a new Last Will and Testament for you, or alter your existing Will. They also can’t create a new POA on your behalf and assign it to someone else.

When should I have a Power of Attorney?

You should consider making a POA form for these situations:

  • You are going to vacation in another country for the winter.
  • You want to ensure someone you trust has control over your affairs.
  • You have a medical condition which could impact your mental fitness.
  • Your job requires you to travel out of country for extended periods.
  • You own a business and are concerned about its operation in the event of your absence.
  • You want to set very specific limits on how your finances and property are handled if you are ever incapacitated.

Forms related to Power of Attorney

  • Last Will and Testament: A Last Will and Testament specifies how your estate will be dealt with after you pass away.
  • Revocation of Power of Attorney: A form used to revoke an existing Power of Attorney.
  • Gift Deed: A Gift Deed is a type of contract used to formalize the giving of a gift to a person or charity.
  • Living Will / Health Care Directive: A Living Will or Health Care Directive lets others know of your personal medical choices in the event you are unable to communicate them directly.
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