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Saskatchewan Enduring Power of Attorney - Personal Attorney - DOC

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Saskatchewan residents, make an Enduring Power of Attorney Appointing a Personal Attorney with this template form. - The Enduring Power of Attorney allows you to choose someone as your personal attorney, to make lifestyle decisions for you if you are unable to do so, whether due to illness or incapacity. - You can appoint more than one person as your attorney, to act jointly or separately, as you direct. - A personal attorney can make decisions about where you live, your social activities, what sort of education or training you receive, and any other powers you decide to give him/her, but CANNOT make health care decisions for you. - The Power of Attorney form includes a Legal Advice and Witness Certificate, and a Non-Lawyer Witness Certificate (if required). - The form also includes information about making a Power of Attorney and instructions on how to complete the form. - This document does not give your attorney the authority to deal with your property and finances. For that, you need to make an Enduring Power of Attorney - Property Attorney. Or you can make a combined Enduring Power of Attorney - Personal and Property Attorney. The Saskatchewan Enduring Power of Attorney Appointing a Personal Attorney form is available in Microsoft Word format. Fully editable and easy to use.

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									     ENDURING POWER OF ATTORNEY APPOINTING A PERSONAL
                        ATTORNEY
[DELETE ALL OF THE INSTRUCTIONS BEFORE COMPLETING THE FORM.]

[Include only those sections of the form that are applicable to your situation. Your personal attorney can make
decisions with respect to your personal affairs, but DOES NOT have authority to make property or financial
decisions, or to make health care decisions. To appoint someone to make health care decisions for you, you must
make a Health Care Directive.]

THIS ENDURING POWER OF ATTORNEY is given this _____ day of ______________, 20_____ by me,
___________________________________________              [name      of        grantor],        of
___________________________________________________ [street address], _______________ [city/town],
Province of Saskatchewan, ____________________ [postal code].

1.       Revocation of Previous Powers of Attorney

I REVOKE any previous Enduring Power of Attorney given by me appointing a personal attorney.

2.       Applicable Law

I make this Enduring Power of Attorney in accordance with The Powers of Attorney Act, 2002 (hereinafter
referred to as “the Act”).

3.       Appointment of Attorney

[If appointing one person to act as your attorney, use the following paragraph.]
I     appoint      _________________________________________        [name       of    attorney]     of
___________________________________________________ [street address], _______________ [city/town],
Province of __________________________, ________________ [postal code], to act as my personal attorney
in accordance with the Act.

[If appointing two or more persons to act as your attorney, use the following paragraphs.]
I appoint:

         _________________________________________ [name of first attorney]
         of ___________________________________________________ [street address], _______________
         [city/town], Province of __________________________, ________________ [postal code],
         and
         _________________________________________ [name of second attorney]
         of ___________________________________________________ [street address], _______________
         [city/town], Province of __________________________, ________________ [postal code]

to act as my personal attorneys in accordance with the Act. In performing their duties hereunder, my
attorneys shall act:
[Choose the appropriate option and delete the others:]
        Jointly. [your attorneys will act together to make decisions]
        Severally. [your attorneys will act separately and independently of each other]
        Successively. [your attorneys will act in order of appointment, with the second attorney to succeed the first, etc.]

[Delete the following paragraph if it is not required.]
If it shall at any time be necessary for the purposes of subsection 6(2) of the Act, I acknowledge that
_______________________________________ [name of attorney] has been convicted of a criminal offence
                                                         -2-


relating to assault, sexual assault or other acts of violence, intimidation, criminal harassment, uttering
threats, theft, fraud or breach of trust; and I consent to this person acting as my personal attorney.

4.       Authority

[NOTE: Your attorney’s authority extends to decisions with respect to where you will live, any training or education
you will receive, and which social activities you will take part in. It does NOT include the authority to make health
care decisions.]

[If you are granting your attorney general authority, use the following paragraph.]
I give my personal attorney(s) general authority respecting all of my personal affairs.

[If you want to limit your attorney’s authority, or if you want to divide that authority among your attorneys, use
the following paragraph and set out how that authority is to be limited or divided.]
I give my personal attorney(s) specific authority as follows:




5.       Decisions Requiring the Expenditure of Money

[This is an optional clause to be used if you have appointed different people to act as your personal and property
attorneys. Delete it if it does not apply.]

In the event that decisions requiring the expenditure of money arise with respect to:
[Choose the appropriate option and delete the others:]
         Housing
         Education and training
         Social activities
         Other: ______________________________________

I give decision making authority to my [choose one and delete the other:] personal attorney              /     property
attorney.

6.       Decision Making

[This is an optional clause to be used if you have appointed more than one person to act together as your personal
attorneys. Delete it if it does not apply.]

If my personal attorneys are appointed to act jointly under Section 3 of this Enduring Power of Attorney:
[Choose the applicable option and delete the other]:
         The decisions of my joint personal attorneys must be unanimous.
OR
         Decisions made by my joint personal attorneys must be                               made        as    follows:
         ________________________________________________________________.                   [Indicate       whether   a
         decision requires a majority, or who will make the final decision.]

If my personal attorneys are appointed to act jointly or successively under Section 3 of this Enduring
Power of Attorney:
[Choose the applicable option and delete the other]:
                                                        -3-


         If one or more of my personal attorneys dies, is unwilling or unavailable to act or is found by a
         court to lack capacity, the other(s) may act solely, jointly or successively, as the case may be.
OR
         ___________________________________________________________________________.                      [Set   out
         how you want the decision making process to operate.]

7.       Enduring Power of Attorney

The authority of my personal attorney(s) under this Enduring Power of Attorney shall continue and shall
not be terminated by my lack of capacity that occurs after this Enduring Power of Attorney has been
executed. Unless revoked by me during my lifetime, this Enduring Power of Attorney terminates on my
death.

8.       Contingent Enduring Power of Attorney

[Delete this entire section if it’s not applicable.]
[If you want your EPA to become effective on a specific date, use the following paragraph.]
My Enduring Power of Attorney shall come into effect on _________________, 20_____ [insert date].

OR
[If you want your EPA to become effective on the occurrence of a specific event, use the following paragraph.]
My Enduring Power of Attorney shall come into effect on the occurrence of the following contingency:
______________________________________________.
[Describe the contingency, for example, “in the event that I am determined to be infirm or mentally incapable of
making reasonable judgments about my affairs.” If you choose this option, you can name one or more adult persons
to make a declaration that the contingency you specified has occurred. If you don’t name anyone to make this
declaration, two health care professionals may be asked to do so.]

The following adult persons may declare in writing that the contingency I have specified has occurred.

         _________________________________________ [name]
         of ___________________________________________________ [street address], _______________
         [city/town], Province of __________________________, ________________ [postal code],
         and
         _________________________________________ [name]
         of ___________________________________________________ [street address], _______________
         [city/town], Province of __________________________, ________________ [postal code]

9.       Accounting

[This section is optional. Delete it if it does not apply. If you do not name someone to request an accounting, the
accounting may be requested by one of your adult family members.]
If I lack capacity, an accounting of my personal attorney’s management of my personal affairs may be
requested by:
         _________________________________________ [name]
         of ___________________________________________________ [street address], _______________
         [city/town], Province of __________________________, ________________ [postal code],

If my personal attorney(s) charge(s) a fee for services rendered, my personal attorney(s) must provide an
annual accounting of his/her/their management of my personal affairs to:
        _________________________________________ [name]
        of ___________________________________________________ [street address], _______________
        [city/town], Province of __________________________, ________________ [postal code],
                                                       -4-



[If you do not name someone to receive the annual accounting, the accounting will be provided to your most
immediate family member and to the Public Guardian and Trustee of Saskatchewan.]




10.      Power to Revoke

I may revoke this Enduring Power of Attorney at any time, in writing, as long as I have the capacity to do
so.



IN WITNESS WHEREOF I have signed this, my Enduring Power of Attorney Appointing a Personal
Attorney, by signing my name hereto at the City/Town of ___________________________, Province of
Saskatchewan.




Signature of Grantor                                         Date



Signature of Witness                                         Date



Signature of Second Witness                                  Date
(if first witness is not a lawyer)

[If witnessed by a lawyer, complete the attached Legal Advice and Witness Certificate. If witnessed by two adults,
complete the attached Non-Lawyer Witness Certificate.]
                                                        -5-


Signatures of Alternate Signer and Witnesses:
[To be used ONLY if the grantor is unable to sign the Enduring Power of Attorney and there is an alternate signer of
the document.]




Signature of Grantor                                          Date

                                           Statement of Witness
I,       _________________________________________          [name           of   witness],     of
___________________________________________________ [street address], _______________ [city/town],
Province of __________________________, ________________ [postal code], certify:

(a)      that __________________________________ [name of alternate signer] signed this Enduring Power
         of Attorney in my presence;

(b)      that ___________________________________ [name of grantor] acknowledged the signature of the
         alternate signer in my presence;

(c)      that I am an adult with capacity and I am not the personal attorney or a member of the personal
         attorney’s family or a member of the grantor’s family;

(d)      that I am signing this Enduring Power of Attorney as a witness in the presence of the grantor.



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