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Bulletin information:

Issue Date: August 18, 1994
Legislation: The Substitute Decisions Act, 1992

Bulletin content:

The Substitute Decisions Act, 1992 is expected to be proclaimed in early 1995. The Ministry of Attorney General has prepared and distributed information packages throughout the province which contain two forms that may be used by the donor to appoint an attorney. They are entitled "Power of Attorney for Personal Care" and "Continuing Power of Attorney for Property".

These forms are printed on 8 1/2" X 11" size paper, in blue ink and on both sides of the paper. Some of these forms may be used by the individuals who wish to prepare their own power of attorney documents.

Of the two printed forms, only the form entitled "Continuing Power of Attorney for Property" (a copy is enclosed), is acceptable for registration under both the Registry Act and the Land Titles Act. The Ministry of Attorney General has stated in this form that even though The Substitute Decisions Act, 1992 will not be in force until early 1995, this form contains all the clauses necessary to make it a valid continuing power of attorney now. It will also be in a form which will be valid if it is signed after The Substitute Decisions Act, 1992 comes into effect. Therefore, this form can be accepted for registration effective immediately. Power of Attorney Form The Substitute Decisions Act, 1992

Where the printed form is used and presented for registration and the document is otherwise acceptable for registration (e.g. attached to a completed Form 4, Document General, legible, etc.), the document is to be registered in the Land Registry Office notwithstanding the size of the paper, the colour of the ink and that it is printed on both sides of the paper.

It is our opinion, that the attorney appointed by making use of the Continuing Power of Attorney for Property form has the power to give consent or make the acceptable statements on behalf of the donor to show compliance with the provisions of The Family Law Act.

Upon registration of the document, a note is to be attached advising the staff member who microfilms it to "Film both sides of the printed form which is attached as a schedule to this Form 4 Document General"

Original signed by:

Anthony G. Sharp, Deputy Director of Land Registration
Katherine M. Murray, Director of Titles

Ministry of Attorney General - Power of Attorney Kit

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Contact the Director of Titles for accessible versions of additional PDF attachments.