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In Alberta, an Enduring Power of Attorney must be in writing, and must be dated and signed by both you (the Donor) and a witness, in the presence of each other. You must be 18 years of age or older, and you must, at the time of singing, understand the nature and effect of the document.
To order a copy, call 416-314-2800, or toll-free 1-800-366-0335. You can also download it by going to this website: .attorneygeneral.jus.gov.on.ca. Whether you use the form provided by the Office of the Public Guardian and Trustee or another form, it is a good idea to consult a lawyer before appointing an attorney.
Where can I get a Power of Attorney form? a stationery store or other store that sells pre-printed legal forms. your estate planning lawyer, or. Section 4401 of the Probate Code .
There are two important conditions required for the Power of Attorney to work. You must have capacity when it is written and signed (usually determined by two independent witnesses. You must have lost capacity for the document to come into effect. This is usually determined by two attending physicians.
You do not need a lawyer to create a legally binding POA in Ontario. The Ontario government even provides free online kits to create your own POA. However, in order to create a legally binding document, you do need to follow some requirements: Your POA needs to be a physical document, like your will.