Power of attorney is a legal document that allows someone of your choosing to manage your affairs if you become incapacitated.
A Power of Attorney document MUST be properly worded for each individual’s specific needs.
Each POA submitted to the Board will be reviewed on receipt to determine:
- Does it appear to be valid? Questions of validity may require the Board to seek legal input.
- Is more than one attorney named? If so, are the named attorneys required to act jointly or has one been given first priority?
- Is the authority granted by the POA limited or general? Does the POA provide sufficient authority for the attorney to deal with the donor’s pension and/or insurance?
- Is it springing? If it comes into effect only when certain criteria are met, have they been met?
- Is it enduring? If a POA is not enduring, it becomes invalid if the donor becomes mentally incompetent.
The Board will follow the provisions of the Public Guardian and Trustee of Manitoba publication, Enduring Power of Attorney, A Guidebook for Donors and Attorneys, in determining the validity of an enduring POA executed in Manitoba, and where there is uncertainty will seek legal input.