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If you lose your mental capacity and do not have a valid power of attorney document in place, someone will need to get authority from the court to manage your money and property. This can be time consuming and expensive.
Legal documents can include contracts, wills, deeds, court orders, and other written agreements. The law sets out specific requirements for the validity and enforceability of these documents, such as the need for consideration, capacity, and intention to create legal relations.
The proper way to sign as an agent is to first sign the principal's full legal name, then write the word "by," and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.
In general, the principal's money or property cannot be transferred to themselves by either type of power of attorney. Note that this restriction applies regardless of whether the principal is alive or dead at the time they sign their power of attorney document.
As well, an attorney cannot make a gift to themselves without the authorization of the court. The court may also authorize an attorney to make a gift that is not otherwise authorized under the act if the court is satisfied that it would be appropriate for the attorney to make the gift.