Fillable Printable Spring Power of Attorney - Northwest Territories
Fillable Printable Spring Power of Attorney - Northwest Territories
Spring Power of Attorney - Northwest Territories
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SPRINGING POWER OF ATTORNEY
This power of attorney is given on by of
(date) (donor)
.
(donor’s address)
A. EXPLANATORY NOTES FOR THE ASSISTANCE OF THE DONOR
READ THESE NOTES BEFORE SIGNING THIS DOCUMENT
1. This document is a SPRINGING POWER OF ATTORNEY that will not come into effect until some time in
the future. You may choose any date or event that will bring it into effect, but you must clearly state that date
or event in this document. You should ensure the date or event can be clearly ascertained. You may
designate one or more "declarant(s)" to declare in writing that the date or event has occurred. For example,
if you have stated in this document that it will come into effect on your mental incapacity, you may designate
one or more individuals to declare that you are mentally incapacitated. If you do not name any declarants,
or if the named declarants are unable or unwilling to provide a declaration, then two persons who are doctors
or psychologists may declare that you are mentally incapacitated. At that point this document would come
into effect and your attorney would have legal authority to manage your affairs.
2. You must be nineteen years of age or older to give a power of attorney.
3. The effect of this document is to authorize the person you have named as your attorney to act on your behalf
with respect to your property and financial affairs. This could include your lands, houses, bank accounts,
pensions, RRSPs, stock and mutual fund investments, vehicles and anything else you own.
4. Unless you state otherwise in this document, your attorney will have very wide powers to deal with the types
of property listed above. The attorney will also be able to use your property to provide support for your
spouse and dependant children. You should consider very carefully whether or not you wish to impose any
restrictions on the powers of your attorney.
5. Your attorney should be someone you know and trust completely and who is very capable of handling
financial matters. Your attorney could seriously deplete or eliminate your financial assets.
6. You may not appoint as your attorney a person who is under the age of nineteen years, is mentally
incapacitated or is an undischarged bankrupt.
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7. You may revoke this power of attorney at any time, as long as you are mentally capable of understanding
what you are doing.
8. This power of attorney will come to an end on your bankruptcy or death, on the attorney=s bankruptcy,
mental incapacity or death, or on the occurrence of other circumstances as provided in the Powers of
Attorney Act.
9. You may name a "recipient" to receive reports on your financial affairs, in the form of an accounting, from
your attorney. The recipient would then be able to review the reports to ensure that your attorney is properly
handling your affairs.
10. Your attorney should sign the acceptance at the end of this document to indicate that he or she agrees to being
appointed as your attorney and that he or she is aware of his or her duties.
11. Neither your attorney, nor his or her spouse, may sign as the witness to your signature on this document.
B. APPOINTMENTS AND DIRECTIONS:
1. (a) I appoint
of to be my
(name) (address)
attorney in accordance with the Powers of Attorney Act and to do on my behalf anything that I can
lawfully do by an attorney.
[OPTIONAL: The donor may name one or more persons to act jointly as attorneys:
(b) In addition to the person I have appointed as my attorney under paragraph (a), I appoint the following
person(s) to act jointly with that person as my attorney(s):
of .]
(name) (address)
[OPTIONAL: The donor may name an alternate attorney:
2. If a person I have appointed as my attorney under paragraph 1(a) or (b) is or becomes unable to act, then
I appoint the following person to act in place of that person:
of .]
(name) (address)
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3. (a) In accordance with the Powers of Attorney Act, I declare that this power of attorney is a springing power
of attorney that shall not come into effect until .
[set out clearly the date or event that will bring this document into effect]
[OPTIONAL: The donor may name one or more declarants:
(b) I name the following person(s) as declarant(s) to provide a written declaration that the date or event that
will bring this document into effect, as specified in paragraph (a), has occurred:
of .
(name of declarant) (address of declarant)
of .]
(name of declarant) (address of declarant)
[OPTIONAL: The donor may name a recipient:
4. I name the following person as a recipient who may request reports on my financial affairs from my attorney,
and to whom my attorney must provide an accounting if those reports are requested:
of .]
(name of recipient) (address of recipient)
[OPTIONAL: The donor may state conditions or restrictions regarding the powers given to the attorney:
5. This power of attorney is subject to the following conditions and restrictions:
.]
[OPTIONAL: The donor may provide for the attorney(s) to receive compensation:
6. I authorize my attorney(s) to take annual compensation from my property in accordance with the Trustee Fee
Regulations made under the Guardianship and Trustee Act.]
[OPTIONAL: The donor may revoke a previous power of attorney:
7. I revoke the power of attorney previously given by me on ,
(date of power of attorney now being revoked)
appointing .]
(name of attorney appointed in the power of attorney now being revoked)
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WITNESSED BY:
(witness must sign here, in presence of donor) (donor must sign here, in presence of witness)
(print name of witness)
(address of witness)
[NOTE:Neither an attorney named in this document, nor the spouse of such an attorney, may witness the donor’s
signature.]
ATTORNEY’S ACCEPTANCE OF APPOINTMENT
I accept the appointment on , 20 .
(date the attorney signs this acceptance)
WITNESSED BY:
(witness must sign here, in presence of attorney) (attorney must sign here, in presence of witness)
(print name of witness)
(address of witness)
