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Powers of attorney for property: a practical guide

MILTONS ESTATES LAW Powers OF attorney FOR PROPERTY: A practical guide 1 | P a g e CONTENTS .. 2 THE PURPOSE OF THIS BOOKLET .. 3 Normally straightforward but rarely simple .. 3 Who should have a PoA? Every adult who is 4 Key concepts .. 4 4 Incapacity .. 5 Continuing Powers of attorney .. 5 The Basic Rules .. 6 Freedom of choice .. 6 Undue Influence .. 6 Continuing Powers .. 6 Proper signing .. 7 Choosing the right attorney .. 8 Choose carefully: an attorney has enormous power .. 8 Location .. 8 Compensation .. 9 Avoid conflicts of interest .. 9 Choose successor attorneys .. 9 Consider using a professional .. 10 The Powers of the attorney .. 10 What the attorney can do .. 10 Limits: what the attorney cannot do .. 10 Bank accounts held in joint tenancy .. 11 Real estate held in joint tenancy .. 12 THE DUTIES OF THE attorney .. 13 Standard of care .. 13 Mandatory expenditures.

The attorney is not required to be resident in Ontario. In practice, however, it is easier if the attorney can be physically present fairly regularly. If you have assets in more than one jurisdiction you should consider multiple powers of attorney, drafted in accordance with the laws of each jurisdiction and limited in scope to

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