| Toronto, Ontario Lawyers, Legislation |

 

   Laws, Legislation in Toronto, Ontario

Substitute Decisions Act , section: 7

Wills-Estates, Continuing power of attorney for property

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 grantorís incapacity to manage property. 1996, c. 2, s. 4 (1). Note: Subsection 7 (1), as re-enacted by the Statutes of Ontario, 1996, chapter 2, subsection 4 (1), applies to powers of attorney given before or after March 29, 1996. See: 1996, c. 2, s. 4 (5).

(2) The continuing power of attorney may authorize the person named as attorney to do on the grantorís behalf anything in respect of property that the grantor could do if capable, except make a will. 1992, c. 30, s. 7 (2).

(3) The continuing power of attorney may name the Public Guardian and Trustee as attorney if his or her consent in writing is obtained before the power of attorney is executed. 1996, c. 2, s. 4 (2).

(4) If the continuing power of attorney names two or more persons as attorneys, the attorneys shall act jointly, unless the power of attorney provides otherwise. 1992, c. 30, s. 7 (4).

(5) If two or more attorneys act jointly under the continuing power of attorney and one of them dies, becomes incapable of managing property or resigns, the remaining attorney or attorneys are authorized to act, unless the power of attorney provides otherwise. 1992, c. 30, s. 7 (5); 1996, c. 2, s. 4 (3).

(6) The continuing power of attorney is subject to this Part, and to the conditions and restrictions that are contained in the power of attorney and are consistent with this Act. 1992, c. 30, s. 7 (6).

(7) The continuing power of attorney may provide that it comes into effect on a specified date or when a specified contingency happens. 1992, c. 30, s. 7 (7).

(7.1) The continuing power of attorney need not be in any particular form. 1996, c. 2, s. 4 (4).

(8) The continuing power of attorney may be in the prescribed form. 1992, c. 30, s. 7 (8).

Comments : 

This is not the official web site for the  Ontario legislature or the Parliament of Canada. 

20070620185801

The section data above may not be current. Please check statute at government site and consult with your own lawyer to ensure currency. Because this information comes from many sources who may be students and not lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to apply this information to your particular set of facts. Do not rely upon this information. Consult a lawyer face-to-face.

Canada Statutes   Ontario Statutes     Edit

If you are a lawyer or a law student and you find an error or omission on this  Wills-Estates  page, please notify Stephen R. Biss, Barrister & Solicitor, with a proper correction, addition, usable commentary, or cross-reference that we can add to this page and if we use it, we will create a free link to your Canadian law firm web site from this page. Stephen Biss does not normally practice Wills-Estates, but there are many  Toronto lawyers and other GTA Wills-Estates lawyers who do. We maintain this database to stay current in areas of law where we do not normally practice.

 

Toronto lawyers

Toronto lawyers, Toronto family law lawyers, other family law legislation

Toronto lawyers, Toronto wills law lawyers, other wills and estates law legislation

Toronto lawyers, Toronto business law lawyers, other business law legislation

Toronto lawyers, Toronto corporations law lawyers, other corporations law legislation

Toronto lawyers, Toronto civil litigation law lawyers, other litigation law legislation and rules

 

 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. Allbiss Lawdata Ltd. is not a law firm. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. Any lawyers listed at this site do not practice in association. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

 

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.