In Canada, how does an adult give power of attorney to their adult child?
Suppose that an elderly adult in Canada wants to give total power of attorney to one of their adult children. How do they go about doing this?
I realise that one easy answer would be "see a lawyer". But what will the lawyer do? And what are the legal mechanisms and costs of such a process?
- 1 decade agoFavorite Answer
Dear Sir Reginald,In Canada ,the laws and regulations for power of attorneys,living wills change from province to province and territory.The price ranges from 50 dollars for a customized down load on a site like www.documatica-forms.com/canada/power of attorney to anything above that figure .One of the first things to know is the mental competency of the person giving the power of attorney.If there are other siblings,or a spouse,it could get very difficult.A lawyer who specializes in such things is a good protection and investment for you. Unpaid taxes,liens against property ,2nd,3rd mortgages are pitfalls.Source(s): Friend whose husband died,kids all fought,she lost house,had to make arrangements with tax people.Several years later,she's Ok!
- 1 decade ago
The legal mechanisms are quite simple. You will have to see a legal professional and a notary so that it is legally binding. Both parties have to sign the document. It's a very quick process, and can be easily done in an afternoon.
The costs are very minimal if both parties agree to it. Occasionally there can be several meetings like a divorce, but that's extremely rare, so honestly just phone ahead to get yourself an appointment with a decent lawyer, bring the elderly adult and the party that will have the power of attorney and it'll be done in a snap.
- Anonymous1 decade ago
Go to a notary, as they are cheaper than lawyers and do the same job. In most juridictions you will need a power of attorney AND a representation agreement. The power of attorney gives you financial control, but you need the representation agreement for medical purposes.
For example, if your parent does not want to be put on life support equipment you must have the representation agreement or the hospital workers can overrule your parents' wishes.