Powers of Attorney - Saskatchewan

A person can give a power of attorney to one or more people allowing them to act on their behalf. It may be useful if you will be needing things done while you are out of the country. You may want someone to be able to complete a property sale for you. It can be practical for someone who is no longer able to get around or make decisions for themselves.

If you are considering granting this power to anyone, you must be absolutely confident that they will only act in your best interests and will not abuse their powers. Care should be taken in selecting this person. Ask a lawyer for help if you are uncertain.

Mustly be Properly Signed

Saskatchewan law requires a power of attorney to be prepared and signed according to specific requirements. The document will not be valid if it has not been properly executed.

Property and Personal Attorney

A Property Attorney can be named to take care of property matters, contracts and related legal rights.

A Personal Attorney can be appointed to make decisions concerning living arrangements and related matters. It does not give the Personal Attorney the right to make decisions about discontinuing life support. That must be dealt with in a Health Care Directive, which is also known as a Living Will. A Power of Attorney document can name a person as a Property Attorney, a Personal Attorney, or both. They do not need to be the same person. The document can also specify other conditions before the person named can act. It can name one or more persons to perform these functions alone or together.

Limited to A Specific Purpose

A Power of Attorney can also be drawn to deal specifically only with certain matters. For example, you may decide to give someone the power to sign documents for the sale of your home but for no other purpose. Generally speaking, if a power of attorney does not clearly grant a power, it cannot be done through the document. For that reason, it is important to have this document properly drafted by a lawyer.

Practical Limitations

A power of attorney might give someone the legal right to sign a mortgage or loan on behalf of the person granting it. Having the legal right to do so doesn't mean it will always work. Most banks are very nervous about someone signing a loan or mortgage on behalf of someone else. In many cases they won't accept it. For one thing, they will naturally be worried about the potential of fraud. It's too easy to forge a document these days. If you are intending to have a mortgage or loan signed through a power of attorney, ask in advance to see if it will be accepted.

The Saskatchewan Land Registry will not allow you to use a Power of Attorney to transfer property to yourself unless there is a clear specific clause in the document entitling you to do so.

Other Issues

There can be other issues related to a power of attorney that you may need legal advice about. For example, a bankrupt cannot be an attorney. Certain types of convictions can affect the ability to act as an attorney.

Notice:The information on this website is general in nature only. It relates to Saskatchewan, Canada and may not be applicable in your jurisdiction. It does not constitute legal advice to you and no solicitor client relationship will be established. A conflict check would also be required before our firm can act for someone. You should seek specific legal advice regarding your circumstances from a lawyer entitled to practise law in your jurisdiction.
* Richard Carlson Legal Prof. Corp.

www.rickcarlson.com | Friday, Jun 21 2024 18:32 pm UTC1 (-6 hrs for Sask)