How to Set Up a Power of Attorney in Saskatchewan

Creating a power of attorney is a crucial part of planning for your future. It ensures your affairs are managed according to your wishes if you become incapable of making decisions for yourself. By designating a trusted individual to act on your behalf, you maintain control over your affairs even when you can't actively manage them yourself.

Having a power of attorney in place helps avoid the need for court-appointed guardianship, which can be time-consuming and costly. It also provides peace of mind for you and your loved ones, knowing that there's a clear plan in place for managing your affairs if the need arises.

1. Grantor must be 18 years or older
2. Grantor must be mentally competent when signing
3. Document requires proper witnessing (2 witnesses that are not the attorney, spouse or close family members)
4. Signatures must be properly executed
5. Document must follow prescribed legal format

The Act governs 3 main aspects:

• Creation requirements for valid powers of attorney
• Rights of the person granting power (grantor)
• Responsibilities of the person receiving power (attorney)

Step 1: Choose the Right Type of Power of Attorney

The first step in creating a power of attorney is determining which type best suits your needs. Consider your personal circumstances and future needs carefully. If you're looking for long-term protection, an enduring power of attorney might be the best choice. For specific transactions or temporary situations, a general or limited power of attorney could be more appropriate.

Step 2: Select a Trustworthy Attorney

Choosing the right person to act as your attorney is crucial. Your attorney should be someone you trust implicitly, who is at least 18 years old and mentally competent. Saskatchewan law prohibits certain individuals from acting as attorneys, including undischarged bankrupts and those who provide you with personal or health care services for compensation.

Ensure that the person you choose understands the responsibilities involved and is willing to act on your behalf. It's often wise to discuss your expectations and any specific instructions you have for managing your affairs.

Step 3: Draft the Power of Attorney Document

When drafting your power of attorney, clearly outline the powers you are granting to your attorney. Be specific about any limitations or conditions you want to place on their authority. While you can use a free power of attorney form Saskatchewan, it's often beneficial to consult with legal professionals to ensure the document meets your specific needs and complies with provincial laws.

Step 4: Sign the Document Properly

Proper execution of your power of attorney is critical to its validity. In Saskatchewan, you must sign the document in the presence of two valid witnesses. These witnesses cannot be your attorney, their spouse, or close family members. Each witness must complete and sign a witness certificate, attesting that they saw you sign the document and that you appeared to understand its nature and effect.

Step 5: Distribute and Store the Document

After signing, provide a copy of the power of attorney to your appointed attorney and keep the original in a safe place. It's also important to inform relevant institutions, such as banks and financial advisors, about the existence of your power of attorney. This will help ensure a smooth transition of authority if and when it becomes necessary for your attorney to act on your behalf.

By understanding the different types of power of attorney, carefully selecting a trustworthy attorney, and following the proper legal procedures, you can create a document that provides peace of mind for you and your loved ones.

Remember to review and update your power of attorney regularly to ensure it continues to reflect your current circumstances and desires. We're here to help you navigate the complexities of estate planning and management. Book a free consultation with our estate experts today.