About Power of Attorney and Why You Need One

Overview

Overview

What is a power of attorney?

A power of attorney is not a person. It is a legal document that permits another person to manage your financial or personal affairs or both. The person who takes on managing another person's affairs because of a power of attorney is called an "attorney." The person who gives this power to the attorney is called the "grantor."

Please see the Powers of Attorney for Adults webpage and the Public Legal Education Association of Saskatchewan (PLEA) website for more information about the types of power of attorneys.

What legislation in Saskatchewan deals with power of attorney?

The Powers of Attorney Act, 2002, sets out who can be appointed under a power of attorney, how it must be created, how it can be ended, the responsibilities of the attorney, and other issues. The Power of Attorney Regulations provide guidance related to topics raised in The Powers of Attorney Act, 2002.

Who needs a power of attorney?

Adults at all life stages can benefit from having a power of attorney. You may want someone to have the power to make decisions for you for a variety of reasons such as your: mental incapacity; illness; physical remoteness; lack of expertise in a subject area; and the like. It is incorrect to assume that your spouse, close friend or relative is automatically entitled to make decisions for you when you cannot.

Please see the Public Legal Education Association of Saskatchewan (PLEA) website for more information.

Who can make a power of attorney?

You can sign a power of attorney at any time as long as you are:

At least 18 years of age;
Still mentally competent;
Capable of understanding what you are doing.

If you do not meet these criteria, you cannot sign a power of attorney. The person who wants to make decisions for you will have to ask a judge's permission, via a court application, to become your personal and/or property guardian.

If you do not meet the required criteria, but sign a power of attorney anyway, the decisions made by your attorney can be legally challenged.

Please see the Public Legal Education Association of Saskatchewan (PLEA) website for more information.

What are the different types of power of attorney?

When you appoint an attorney there are a number of choices that must be made about the kinds of decisions the attorney will be able to make and when the attorney can act for you. It is important to consider the options and have a power of attorney document that suits your needs.

Please see the Public Legal Education Association of Saskatchewan (PLEA) for more information on the types of power of attorney available to you.

What's the difference between a property attorney and a personal attorney?

A property attorney makes decisions related to your property and financial matters. These could include, but are not limited to, buying or selling property, paying bills, withdrawing money from your bank account, providing support for your spouse, and the like. The scope depends on the wording of your power of attorney.

A personal attorney makes decisions related to your personal affairs. These could include, but are not limited to, where you live, who lives or visits with you, and where you go to school, among other things. Again, the scope depends on the wording of your power of attorney.

Your property and personal attorneys can be the same or different people.