CLIENT GUIDE

    Procedures for Signing your Power of Attorney

(This is an edited version of our Client Guide which provides general information and is made available to our clients to assist them to understand the requirements for signing a power of attorney. This is not intended to constitute legal advice, which by its nature is situation specific. If you have questions about a specific legal problem, you should consult a lawyer who will provide legal advice only after reviewing all the facts relevant to your situation before providing that advice, rather than relying on the general information provided in this Guide.)

These instructions are provided to assist you in the signing of your power of attorney outside our offices. Before signing the power of attorney, you should read it carefully to ensure that it complies with your wishes. Where you have included an advance health care directive or living will clause, you should also discuss it with your doctor to ensure that it is sufficiently specific and that your doctor understands your wishes and will be able to act on them, if necessary.

Since you are signing the power of attorney outside our offices, we are not in a position to assess your capacity to make a valid power of attorney, nor are we able to confirm your identity, as we would normally do if you signed the power of attorney in our presence. For your assistance, the Substitute Decisions Act provides that a person has capacity to make a power of attorney for personal care if the grantor:

If there is anything in the power of attorney that you do not understand, please contact us for assistance. Do not make any changes yourself without discussing them with us as such changes may affect its validity! We will be happy to make any changes necessary.

 

SIGNING INSTRUCTIONS

1. Two witnesses must be present at the same time as the grantor when the power of attorney is signed. They should both be in a position to see the grantor and the other witness sign.

2. The grantor should sign using his or her usual signature and insert the signing date.

3. The witnesses should sign in the space provided on the signing page (the last page other than the backsheet) and print their names and addresses as well.

4. A witness must be at least 18 years of age.

5. The following persons cannot be witnesses:

 

   FURTHER QUESTIONS

Your power of attorney is an important document. Please contact us if you have any questions on how to properly sign it at:

W. Bruce Drake
Hooey · Remus
Telephone: (416) 362-2051
Facsimile: (416) 362-3646
Suite 400, 1 University Avenue
Toronto, Ontario M5J 2P1
 
eMail: bdrake@hooeyremus.com
Website: www.hooeyremus.com

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This page was originally created on September 5, 2000 and was last updated on August 31, 2001.
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