Fillable Printable Borad Continuing Power of Attorney - Prince Edward Island
Fillable Printable Borad Continuing Power of Attorney - Prince Edward Island
Borad Continuing Power of Attorney - Prince Edward Island
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POWER OF ATTORNEY
By this agreement I,
APPOINT
my true and lawful attorney, for me and in my name and for my sole use and benefit to
do on my behalf anything that I can otherwise lawfully do by an attorney, and without
limiting the generality of the foregoing:
To purchase, rent, sell, exchange, mortgage, lease, surrender, and in every way deal
with real estate, lands, and premises and any interest that I own or acquire after the
effective date of this power of attorney, and execute and deliver any documents
pertaining to the real estate;
To take possession of, lease, let, manage, and improve any real estate or any interest
in real estate which I own or acquire after the effective date of this power of attorney,
and from time to time appoint any agent to assist in managing the same, using the
same power and discretion as I have if personally present;
To sell or mortgage real estate and land, and any shares, stocks, bonds, mortgages,
and other securities for money, either together or in parcels, for a price by public
auction, private sale, or contract as my attorney considers to be reasonable and
expedient;
To execute, deliver, and acknowledge any documents and generally to deal with
goods and other property and to transact all business required as my attorney sees fit,
for any of the purposes mentioned here;
To deal with shares, stocks, bonds, debentures, and coupons and to vote those that
have voting rights;
To negotiate with, deposit with, or transfer to any bank, any money and other
negotiable notes and to endorse them on my behalf; and also to sign or endorse my
name on any cheque, draft, or order for the payment of money, or to any bill of
exchange or promissory note in which I have an interest; and to transact any business
with the banks that may be necessary. Any bank may continue to deal with my attorney
under this power until the manager or acting manager of the branch of the bank at
which the account is kept receives written notice of revocation of this power of attorney.
Until such notice has been given, the acts of the attorney with the bank will be binding
on me;
To demand and receive from anyone all debts, in any form, which are or will be due
to me;
To execute receipts and discharges of any debts owing to me when the debts have
been paid;
If any person does not render a full account of the debt owing, to compel that person
to do so, using all proceedings available under the law as my attorney thinks fit;
To examine and settle any account pending between me and any person;
And also for me and in my name, to enter into any agreement with any person to
whom I am indebted, satisfying the debt; and generally to act as I myself could do if
personally present;
To accept partial payment in satisfaction for the payment of the whole of any debt
payable to me or to grant an extension of time for the payment or otherwise to act as
my attorney believes most expedient;
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If any dispute arises concerning any of the matters in this power of attorney, to take the dispute
to arbitration, as my attorney thinks fit, and to sign any documents for this purpose;
And also to invest or deal with any money which may be received as my attorney sees fit and
in particular to buy real estate, stocks, and bonds;
And to have access to deposit and remove any documents or articles which may be in any
safety deposit box I have, in any institution;
This power of attorney is subject to the following conditions and restrictions:
[insert conditions and restrictions here]
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Regarding Incapacity:
Alberta
In accordance with s.2 of the Powers of Attorney Act of Alberta, I declare that the authority
of my attorney under the power of attorney —
(a) is to continue notwithstanding any mental incapacity or infirmity on my part that occurs
after the execution of the power of attorney.
OR
(b) is to take effect on my mental incapacity or infirmity.
British Columbia, Manitoba, Saskatchewan
And, in accordance with s.8 of the Power of Attorney Act of British Columbia and s.10 of the
Powers of Attorney Act of Manitoba and s.3 of the Power of Attorney Act of Saskatchewan, I
declare that the authority of my attorney under this power of attorney will continue
notwithstanding any subsequent mental infirmity on my part.
New Brunswick
And, in accordance with s.58.2 of the Property Act of New Brunswick, I declare that the
authority of my attorney under this power of attorney will continue notwithstanding any
subsequent mental incompetence on my part
Nova Scotia, Newfoundland
And, in accordance with s.3 of the Powers of Attorney Act of Nova Scotia and s.3 of the
Enduring Powers of Attorney Act of Newfoundland, I declare that the authority of my attorney
under this power of attorney may be exercised notwithstanding any subsequent legal incapacity
on my part.
Ontario
And, in accordance with s.7(1) of the Substitute Decisions Act of Ontario, I declare that this
power of attorney may be exercised during any subsequent legal incapacity on my part. This
indicates my intention that this document will be a continuing power of attorney for property
under the Substitute Decisions Act, 1992, and may be used during my incapacity to manage
property. I declare that, after due consideration, I am satisfied that the authority conferred on
my attorney(s) named in this power of attorney is adequate to provide for the competent and
effectual management of all my estate in case I should become a patient in a psychiatric facility
and be certified as not competent to manage my estate under the Mental Health Act of Ontario.
Prince Edward Island
And, in accordance with the Powers of Attorney Act of Prince Edward Island, I declare that
this power of attorney may be exercised during any subsequent legal incapacity on my part. *
Choose (a)
or (b) and
delete the
other
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I revoke any powers of attorney I have previously given.
I grant full power to my attorney to substitute and appoint one or more attorney(s) under
him or her with the same or more limited powers, and in his or her discretion to remove this
substitute.
I authorize that my attorney is to be completely indemnified against all claims, actions, and
costs which may arise in connection with the exercise of this power of attorney and the
administration of my estate undertaken by him or her in good faith.
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In this power of attorney, where required, the singular is to be read as the plural and other
grammatical changes are to be made where necessary. The word “person” includes company,
corporation, body corporate, partnership, firm, or association, and the word “bank” includes
trust company or person.
SIGNATURES
Signature Date
We have signed this power of attorney in the presence of the person whose name appears
above and in the presence of each other.
Witnessed by
(Signature) (Print name)
(Address) (Date)
Witnessed by
(Signature) (Print name)
(Address) (Date)
NOTARIZED (If necessary)
SWORN by me at )
)
in the Province of , this day )
)
of , 20 . )
)
)
A Commissioner for taking
Oaths in the Province
of .
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INSTRUCTIONS FOR THIS POWER OF ATTORNEY FORM
Note: Although, in some cases you may only need one witness and you may not be required to
initial each page for the POA to be valid, it is better to fulfill all possible requirements than to
have the form rejected for a minor reason. Therefore, it is recommended that you meet the
most stringent requirements as a general rule.
Note also that this is a very broad ranging Power of Attorney and covers the need for a
Continuing Power of Attorney as well as an Ordinary Power of Attorney.
Word Format - Editable
1. Open this form in Word
2. If you wish, you can delete any section that does not apply to your situation.
3. Sign as indicated in the presence of two qualified witnesses.
4. Have your signature witnessed by two witnesses.
5. Date and initial each page and have the witnesses initial each page.
6. Have your document notarized if necessary.
PDF Format – Print Only
1. PDF Documents can be printed and filled out by hand. They are not fillable at this time.
2. After completing, follow numbers 3 to 6 above.
Notwithstanding that every effort has been made to assure the accuracy of this document, the
organization presenting this material takes no responsibility for the outcome of any application of the
materials or principles supplied.
It is always better to have legal documents prepared by or at least checked by a competent lawyer.
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