Sample Power of Attorney for Property
CONTINUING POWER OF ATTORNEY FOR PROPERTY
THIS CONTINUING POWER OF ATTORNEY FOR PROPERTY is given by [client] of the City of Ottawa, in the Province of Ontario.
1. I appoint my [wife], [wife], to be my attorney for property, and I authorise my attorney to do, on my behalf, any and all acts, that I could do if capable, except make a will, subject to any conditions and restrictions contained herein.
2. If [wife] refuses to act, or is unable to act by reason of death, court removal, becoming incapable of managing property or resignation, I substitute and appoint [alternate attorney] to act as my attorney for property, in the place of any attorney appointed in paragraph 1 hereof who refuses or is unable to act. The substituted attorney shall, if able and willing to act, thereafter be my attorney for property, and I authorise her to do, on my behalf, any and all acts that I could do, if capable, except make a will, subject to any conditions and restrictions contained herein.
3. This is a continuing power of attorney. It is my intention and I so authorise my attorney that the authority given in this continuing power of attorney may be exercised during any incapacity on my part to manage my property, pursuant to section 7 of the Substitute Decisions Act.
4. If my spouse disposes of or encumbers any interest in a matrimonial home in which I have a right to possession under Part II of the Family Law Act, I authorise my attorney for me and in my name to consent to the transaction as provided for in clause 21(1)(a) of the said Act.
5. This continuing power of attorney for property comes into effect as of the date of execution set out below.
6. Any prior power of attorney for property or any power of attorney that affects my property given by me, except a power of attorney given to a bank or financial institution for the purpose of transacting my business with that bank or financial institution, is hereby revoked.
IN TESTIMONY WHEREOF, I have to my continuing power of attorney for property, which is written upon this and one preceding page of paper, subscribed my name this [date]
SIGNED, by [client] )
as his continuing power of attorney for )
property in the presence of us, )
both present at the same time, who at )
his request, in his presence and in the ) __________________________
presence of each other, have ) [client]
subscribed our names as witnesses. )
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