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Creating a Power of Attorney - Signing Requirements

You may want to consult a lawyer about making a power of attorney document. A lawyer can help ensure that you understand the effect of a power of attorney and help you consider what powers to include. They can also ensure that certain safeguards are in place. You can also prepare the document yourself.

There are different requirements for creating a power of attorney depending on the type of appointment being made. A non- enduring power of attorney should be in writing and signed by you. The attorney does not need to sign the document.

An enduring power of attorney must clearly state that you want it to continue if you loose capacity.

If you want the power of attorney to be enduring (continue even if you later lack capacity) there are additional requirements. The document must be in writing and be signed and dated by you. The document must also be witnessed. It can be witnessed by a lawyer who has given you legal advice on the document. Alternatively it can be witnessed by two adults with capacity. The witnesses cannot be the attorney being appointed or a family member of either the attorney or yourself. Witnesses must complete a witness certificate in the form required by the legislation.

If you meet the requirements described, it is not necessary to use any particular form although you may choose to use one of the forms included in the legislation for an enduring power of attorney. The forms can be found on saskatchewan.ca.

Sometimes financial institutions may provide a power of attorney form that gives someone a specific power of attorney over funds held by that institution only. Unless this is the only power of attorney you need, you may want to consider a single comprehensive power of attorney to avoid confusion and disputes. A later power of attorney document may cancel an existing power of attorney document so it is very important to review and fully understand any documents you sign.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.