How to Get Real Estate Power of Attorney in Canada
A power of attorney is a legal term used to describe a situation in which a person appoints another person, called an “attorney”, to handle his/her business and property matters and to make legal and financial decisions on his/her behalf. There can be many reasons for nominating an attorney but usually people appoint an attorney because of health reasons, both physical and mental. Getting power of attorney is a vigilant move to avoid any complications that can occur in the worst case scenario. Read the instructions listed below to know how you can obtain power of attorney, without any legal complications.
Determine the type of power of attorney
The first step in getting power of attorney is to figure out what type of power of attorney you want to get. The types of power of attorney vary from region to region, but the most common type, which is applicable in almost every country, is General Power of Attorney. This type of power of attorney lasts indefinitely and allows you to act on behalf of the actual owner in a wide variety of areas. All other types are generally categorized as Special Power of Attorney, and are designated for a specific situations and usually for a certain period of time. For example you may give your son a power of attorney to only cash old age security checks.
List the reasons why you need power of attorney
Make a list of the reasons why you need the power of attorney. This will help your lawyer make the case for you.
Hire a local lawyer
Once you have made a list of reasons, contact a local lawyer and discuss your case with him or her. Ask the lawyer to guide you about what you need to get a particular type of power of attorney. Every government has a different procedure and requires different forms to be filled and signed by you and the actual owner. Contact your local federal Service Canada office to get power of attorney forms. You can find the form for power of attorney on the official website of the Service Canada office. Banks also give their customers a form to give power of attorney to somebody else for a specific bank account.
Attach the necessary documentation
Fill the forms and attach all the necessary documents that can strengthen your case. This includes the medical reports of the actual owner, or doctor’s affidavit stating the current condition of the patient.
Get the forms reviewed by your lawyer
Ask your lawyer to review the signed forms so that he can spot any typing or legal mistakes. Also get the forms attested by the notary public so that nobody can challenge the signatures of the actual owner.