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Family law and couples

Power of attorney

If you are planning to go on a trip or if you expect to spend time in the hospital, it is comforting to know that someone can attend to your affairs and administer your property or assets while you are away. That person may be your spouse, one of your children or a good friend. How is this done?

You have only to sign a document called a power of attorney or mandate by which you, the constituent or mandator, appoints an attorney or mandatary to act on your behalf.

The power of attorney may make provision for entrusting your attorney with a fairly comprehensive list of powers.

If you plan to be away for an extended period of time, you may wish to authorize your attorney to take action on your behalf without incurring any problems.

Your attorney may pay your rent, make your mortgage (hypothec) payments, make deposits or withdrawals at your bank, or renew your insurance policies, etc.

You may wish to confer on your attorney only limited powers, and authorization to sign only certain deeds. You may grant authorization, for instance, to sell your property during your absence, but only in accordance with conditions laid down by you.

Your notary can advise you on the contents of the power of attorney and draw up such authorization, adapting it to your special needs. Note that a power of attorney is automatically cancelled in the event of your or the attorney's death.