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Thursday, June 30, 2016
Saskatchewan Justice

The purpose of this section is to help a person who has been appointed an attorney under an enduring power of attorney. It explains what this important role involves, what things the attorney is allowed to do and what steps must be taken by the attorney to meet his or her obligations to the grantor.

This section may also be useful to other people who are not attorneys. For example, if you are considering agreeing to be the attorney of a relative or friend, you should be fully aware of what the role involves. If you are a person working with an attorney, you may want to know what the attorney is allowed to do and what you can expect in your dealings with the attorney.

The powers and duties of an attorney are established by law. The Powers of Attorney Act and the Regulations under that Act set out these powers and duties. This is a summary, based on the law. It is not as comprehensive as the law itself. This is not legal advice. If, after reading this information, you have more questions or are uncertain about how to interpret the information, you should consult with a lawyer.

Enduring Power of Attorney

An enduring power of attorney (EPA) is a power of attorney that states that it is to continue in effect even if the grantor becomes incapacitated.

There are two types of EPAs:

  • the first type takes effect immediately; and
  • the second type comes into effect on a specified future date or on the occurrence of a specified event (e.g., when the grantor becomes mentally incapable, or when the grantor leaves the country for an extended period). This is a contingent power of attorney (sometimes called a "springing" power of attorney).

The Act provides for a determination of when the specified contingency is conclusively deemed to have occurred for the purpose of bringing the contingent enduring power of attorney into effect. The EPA may name someone to declare, in writing, that the contingency has occurred. If the contingency is the lack of capacity of the grantor and no person is named or able to act, two members of prescribed professional groups may make the declaration. If the contingency is not the grantor's incapacity, an application may be made to the Court of Queen's Bench for a declaration.

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