SUBSTITUTE DECISIONS ACT
If you want your Power of Attorney for Property to be a Continuing Power of Attorney for Property then you must say that the authority can be exercised during incapacity pursuant to the Substitute Decisions Act. It should be drafted to comply with both 7 (1) (a) and (b).
7. (1) A power of attorney for property is a continuing power of attorney if,
(a) it states that it is a continuing power of attorney; or
(b) it expresses the intention that the authority given may be exercised during the grantor’s incapacity to manage property. 1996, c. 2, s. 4 (1).
14. Despite the repeal of section 5 of the Powers of Attorney Act, by subsection 24 (3) of the Consent and Capacity Statute Law Amendment Act, 1992, a power of attorney that is executed on or before the day this Act comes into force or within six months after that day shall be deemed to be a continuing power of attorney for the purposes of this Act if,
(a) it contains a provision expressly stating that it may be exercised during any subsequent legal incapacity of the grantor, as described in section 5 of the Powers of Attorney Act; and
(b) it is executed in accordance with the Powers of Attorney Act and is otherwise valid. 1992, c. 30, s. 14.
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7. (1) A power of attorney for property is a continuing power of attorney if,
(a) it states that it is a continuing power of attorney; or
(b) it expresses the intention that the authority given may be exercised during the grantor’s incapacity to manage property. 1996, c. 2, s. 4 (1).
14. Despite the repeal of section 5 of the Powers of Attorney Act, by subsection 24 (3) of the Consent and Capacity Statute Law Amendment Act, 1992, a power of attorney that is executed on or before the day this Act comes into force or within six months after that day shall be deemed to be a continuing power of attorney for the purposes of this Act if,
(a) it contains a provision expressly stating that it may be exercised during any subsequent legal incapacity of the grantor, as described in section 5 of the Powers of Attorney Act; and
(b) it is executed in accordance with the Powers of Attorney Act and is otherwise valid. 1992, c. 30, s. 14.
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