A power of attorney authorizes the owner’s right to the specific person. If a person is unable to make decisions for them, they might give someone else the authority to make decisions. It is known as power of attorney, and it is entirely legal. Hence, one must know How to draft a power of attorney in Toronto to avoid future conflicts.
Giving someone the authority to make your life choices is a crucial decision, and you should take it with great care. You can also nominate multiple people to have a power of attorney. However, those people should be the ones you trust the most since they would be controlling your life decisions for you.
Commonly people select their family members to have the power of attorney since you can trust them the most, but that is entirely up to you. Moreover, you can also choose to give them limited decision-making power. This article will guide you in drafting a power of attorney.
POWER OF ATTORNEY
Before getting into the drafting process, let’s discuss a power of attorney.
What Is A Power Of Attorney?
As mentioned above, it gives a nominated person the right to make important choices on your part. These decisions or choices depend upon the power given to the person. For example, if you cannot make decisions for your health, you may nominate a family member to make those decisions for you.
The nominated family member will also have the right to allow surgeries and other operations to better your health. Similarly, if you nominate someone to take care of your business or financial matters, they have full authority to sell or buy any property they see fit for your business.
Benefits Of Power Of Attorney
Giving someone control over your life choices might not seem fair, but you have to remember that you cannot make some important choices for yourself in this case. The disability to make decisions can be due to a lot of reasons. It might be due to old age or poor health, but whatever it is, you need someone to be your decision-maker.
That person should be trustworthy and competent enough to make the right choices for your betterment. In most cases, this is extremely helpful since you won’t be able to make your own decisions. Moreover, if your health is in poor condition, you need someone to be there and make decisions in your place.
Limited and Full Authority
Suppose you don’t want someone to have complete control over your life decisions. You can choose to give them limited authority. For example, if you are in the hospital but can still manage your health-related choices, you may choose to nominate a person to make only your financial decisions. It is called a limited power of attorney.
However, if you can’t decide on anything, you can give someone General power of attorney to provide them with control over most of your life decisions. It is not necessary to appoint a family member as you can also give a power of attorney to a lawyer or any legal advisor.
Eligibility For Power Of Attorney
Anyone over 18 can have your power of attorney, but it’s best to nominate someone who knows what they are doing. For example, if you are selecting a power of attorney for your financial matters, make sure that person has a good knowledge of business and finance.
You may also nominate more than one person as appointing different people for different tasks is more efficient. For personal care attorney, it has to be 16 or older.
When to draft a power of attorney?
You may choose to nominate someone if you think you cannot make important choices for yourself. It may be because of your busy schedule or going out of the country. Bad health might also be the cause. Whatever the case it may be, the bottom line is that you shouldn’t be in a position to make decisions for yourself.
Suppose you are in a state of unconsciousness like a coma or mentally incapable of nominating someone to have a power of attorney. In that case, your family can also do it on your behalf. However, it is only at the point where you cannot nominate one yourself.
Drafting power of attorney
How to draft power of attorney?
The best way to go by drafting power of attorney is to consult a lawyer for preparing a power of attorney. The lawyer will guide you on all the documentation and legal process. You can also nominate a lawyer for your power of attorney. It will help you in all your legal matters since a lawyer will make the best legal decisions on your behalf.
The drafting process is pretty simple. All you have to do is fill out a form and sign it in the presence of a witness. That witness should be a legal representative of the court or any other authorized person. You can also sign the document in court. After signing, you need to have the document legalized by the court.
The court will analyze the details and make sure everything on the document is authentic. Once the court authorizes the record, the person nominated by you will have the power to make decisions on your behalf.
If you are unsure about anything, you can visit a power of attorney drafting law firm in Toronto. These law firms will guide you throughout the process and give you legal advice regarding the matter. Ameer law firm is an excellent firm for drafting power of attorney.
Drafting power of attorney is an important decision, so take your time and think about it well. If you are going out of time, you may give a power of attorney to a family member or a friend. However, it is also necessary to ensure that the nominated person is competent enough to make decisions on your behalf.
So, to sum it up, this is a sensitive matter, and we suggest you consult Ameer Law Office for legal advice and to guide you through the process.