Revise paragraph in the General Power of Attorney Template

Aug 6th, 2022
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For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even moreor add powers, Berkley says.
If the specific event is when you lose capacity, the power of attorney document should state who must make a written declaration that this event has occurred. If the document does not say who makes this declaration, 2 medical practitioners must make a written declaration.
In general, the principals 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.
In the case of a PoA registered with the Land Title Registry, the registration automatically expires after 3 years unless the PoA has a statement such as this Power of Attorney excludes Section 56 of the Land Title Act. In the case of an EPA, there is no need for such a statement as registration does not expire.
The donor can include a provision that specifies an event which will trigger the authority of the attorney to act. This is called a springing power of attorney. The donor may also name one or more people, referred to as declarants, to declare in writing that the triggering event has happened.

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