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Power of attorney tips

9 0
05.05.2025

I ended my column last week with the warning that not all powers of attorney are the same.

They can be as simple as a one-page form or quite extensive. This week I’m giving you examples of why you might want particular types of clauses in your power of attorney.

Compensation clause

The Power of Attorney Act, section 24(1), says “…an attorney must not be compensated for acting as an adult’s attorney unless the enduring power of attorney expressly authorizes the compensation and sets the amount or rate.”

It can feel esteeming for a parent to choose one of their children to be named in their power of attorney or for a close friend to be chosen. Of course, you would be honoured to help your parent or a close friend during their time of need.

But you’re likely to face much more than a one-and-done-type of role if the need arises.

I’ve heard several stories about how extensive the work can be. None of the folks sharing those stories received any compensation because the power of attorney didn’t provide for it.

The work is an imposition on your attorney’s life, upsetting whatever work-life balance they’ve achieved. If they had wanted a second job, they........

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