PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
An attorney can do what you have authorized them to do. You can still act for yourself unless you lack capacity. Your attorney must act in your best interests.
Your attorney under an enduring power of attorney has certain obligations regarding how they can use their authority. They must always take your wishes into consideration whenever possible. An attorney cannot pass their power on to someone else unless you have said they can. An attorney must act:
When signing documents for you, your attorney should generally sign their own name. They should also note on the document that they are signing as power of attorney for you. They should have a copy of the power of attorney document in case they are asked for it.
Even when you grant someone a power of attorney, you have the right to ask questions and be kept informed about matters when requested.
Your attorney under an enduring power of attorney must give you an accounting anytime you request one. An accounting will show things like your assets, debts and acts the attorney has performed. There are different forms that property attorneys and personal attorneys use to do this.
If you lack capacity, another person can request an accounting. That can be a person you named for this purpose in the power of attorney document. If no person is named, an adult member of your family can request an accounting. If you have named both a personal and property attorney, they can also request that the other do an accounting.
It is important to continue to keep track of your finances as long as you are able to do so. If you have questions, you can ask your attorney. You can also discuss the matter with another trusted individual, financial advisor or lawyer. If you are not entirely satisfied, you can ask for an accounting.
If an attorney does not give an accounting, the Public Guardian and Trustee can be asked to direct that the attorney make an accounting. Any interested party can also ask the Public Guardian and Trustee to direct that an accounting be made. They can direct that an accounting be made when they consider it appropriate or necessary. They can also investigate an accounting to ensure that it is accurate. If you still cannot get an accounting after this, a court application can be made directing the attorney to make one.
When an enduring power of attorney ends, every property attorney must provide a final accounting. The attorney must provide it to whoever is named in the POA to receive it. If no one is named, then the attorney must provide it to an adult family member. The final accounting must be provided within six months of the power of attorney ending. If the attorney does not provide a final accounting, an application for a court order can be made.
Your attorney under an enduring power of attorney is entitled to be paid for their services. You can set this fee. If you have not set the fee, The Powers of Attorney Regulations set out the maximum amount that an attorney can charge. A court order can also be made to set the fee.
The maximum fee an enduring property attorney can charge is based on the amount of money they deal with in a month. The maximum fee a personal attorney can charge is set out as an hourly rate. Currently the maximum fee a property attorney can charge is 2.5 % of the amount of money dealt with per month. The maximum fee a personal attorney can charge is currently $15 per hour.
Fees will be paid from your funds. If your attorney charges a fee, they must give you an annual accounting of any money that they were paid in that year. If you lack capacity, this accounting is made to someone else. This could be someone you named in the power of attorney document for this purpose. If you did not name anyone, the accounting must be made to your most immediate and available family member as well as the Public Guardian and Trustee.
The law gives you the right to keep track of your affairs even when an attorney is acting for you. If you cannot check up on your attorney yourself because you no longer are able, certain other people can do this for you.
PLEA offers free online training on preventing and addressing workplace harassment.