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Wednesday, May 16, 2012
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Common Questions about Powers of Attorney
1. What is an enduring power of attorney?
2. What is a "grantor"?
3. What is a "contingent" or "springing" enduring power of attorney? Does Saskatchewan permit such an enduring power of attorney?
4. Who can give an enduring power of attorney?
5. Who can act as an attorney? Can more than one person do so? Can someone outside the province act as attorney?
6. What is meant by "joint" appointment? What is meant by "several" appointment? What is meant by "successive" appointment?
7. What steps are necessary to give an enduring power of attorney? Does the enduring power of attorney have to be registered?
8. Does the grantor have to use the form in the Regulations? What forms do the Regulations contain?
9. Must an enduring power of attorney be witnessed? Does it require more than one witness?
10. Does an enduring power of attorney cover all the grantor's financial affairs?
11. What is a "general" enduring power of attorney? What is a "specific" enduring power of attorney?
12. What is a "bank" power of attorney? How does this relate to other enduring powers of attorney?
13. How does an enduring power of attorney end? Does an enduring power of attorney continue for the whole life of the grantor?
14. What duties do attorneys have?
15. What criminal offences might an attorney be charged with?
16. How can family members, friends or other interested parties ensure that the attorney is not mismanaging the grantor's affairs?
17. What recourse is there if there are grounds to believe that an attorney may be mismanaging a grantor's affairs?
18. Can a grantor cancel an enduring power of attorney? What if the grantor is incapacitated?
19. Are creditors or third parties protected?
20. Does the attorney have to make periodic accounts or reports? Who can demand an accounting? What procedure is to be followed in an accounting?
21. Can the attorney charge a fee?
22. Does the Public Guardian and Trustee provide oversight of enduring powers of attorney?
23. What decisions does a grantor have to make before preparing an enduring power of attorney?
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Home
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About Justice & Attorney General
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Common Questions about Powers of Attorney
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