A power of attorney is a written legal document that gives another person control over your financial or other matters. Your power of attorney has no input into your health-care decisions. There are two types of power of attorney:
Standard power of attorney
A standard power of attorney is a legal document that gives another person the authority to act on your behalf in relation to your non-medical affairs while you are living and still have capacity. Should you lose capacity, this type of power of attorney is no longer valid.
Enduring power of attorney
An enduring power of attorney is a legal document that gives another person the authority to act on your behalf in relation to your non-medical affairs when you no longer have the capacity to make your decisions.
The NL Enduring Power of Attorney Act sets out the requirements for creating an enduring power of attorney.
In order for an enduring power of attorney to be valid it must:
- be in writing,
- include your signature, and
- be witnessed by one (1) independent witness.
- The person you name as your Power of Attorney must be at least 19 years of age.
For further information on power of attorney please see the resource links on this page and/or speak with a lawyer. Most lawyers within Newfoundland and Labrador will provide a free consultation on this issue.