Powers of Attorney Act

CHAPTER 352

OF THE

REVISED STATUTES, 1989

amended 2010, c. 70

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An Act Respecting
Powers of Attorney

Short title

1 This Act may be cited as the Powers of Attorney Act. R.S., c. 352, s. 1.

Application of Act

2 This Act applies to a power of attorney to the extent that the power of attorney authorizes the management of the estate of the donor. R.S., c. 352, s. 2.

Enduring power of attorney

3 A power of attorney, signed by the donor and witnessed by a person who is not the attorney or the spouse of the attorney, that contains a provision expressly stating that it may be exercised during any legal incapacity of the donor, is

(a) an enduring power of attorney;

(b) not terminated or invalidated by reason only of legal incapacity that would, but for this Act, terminate or invalidate the power of attorney; and

(c) valid and effectual,

subject to any conditions and restrictions contained therein that are not inconsistent with this Act. R.S., c. 352, s. 3.

Exclusion

4 An enduring power of attorney may include a provision expressly excluding the operation of subsection (2) of Section 59 of the Hospitals Act and in such case, where the attorney wishes to act, the attorney and not the Public Trustee shall conduct the administration pursuant to Section 59 of the Hospitals Act. R.S., c. 352, s. 4.

Powers and duties

5 (1) Where a donor of an enduring power of attorney becomes legally incapacitated, a judge of the Trial Division of the Supreme Court may for cause, on application,

(a) require the attorney to have accounts passed for any transaction involving the exercise of the power during the incapacity of the donor;

(b) require the attorney to attend to show cause for the attorney's failure to do anything that the attorney is required to do as attorney or any order made pursuant to this Act;

(c) substitute another person for the attorney;

(d) allow or disallow all or any part of the remuneration claimed by the attorney;

(e) grant such relief as the judge considers appropriate;

(f) make such provision respecting costs as the judge considers appropriate.

(2) Where an attorney is ordered to have accounts passed, the attorney shall submit the accounts for approval to the Court or, where a judge of the Court so orders, to the Public Trustee at such intervals as the judge may order and, when approved, the attorney shall file the accounts with the prothonotary of the Supreme Court for the county where the application is heard.

(3) An attorney may apply to a judge of the Trial Division of the Supreme Court for an order substituting another person as attorney in the same manner as a person interested in the estate of the donor, upon giving notice of the application to the Public Trustee at least ten days before the application is heard.

(4) Nothing in this Section prevents an attorney from submitting accounts to the Public Trustee for approval and the Public Trustee shall consider accounts when submitted by an attorney.

(5) Nothing in this Section prevents a donor from applying for an accounting by the attorney, if the donor has the legal capacity to do so. R.S., c. 352, s. 5.

Existing power of attorney

6 Nothing in this Act affects a power of attorney given before the twenty-fifth day of May, 1988, except that such a power of attorney, if in force on that day, continues in force as if given on or after that day and the provisions of this Act apply to it. R.S., c. 352, s. 6.

Two or more attorneys

7 (1) Subject to the provisions of the enduring power of attorney, where two or more attorneys are appointed to act jointly and one or more of the attorneys

(a) dies;

(b) renounces the appointment;

(c) is legally incapacitated;

(d) is unwilling to act; or

(e) after reasonable inquiries by another of the attorneys, is unable to be found,

the remaining attorney or attorneys may continue to act without that attorney or attorneys.

(2) This Section applies to powers of attorney whether executed before or after the coming into force of this Section. 2010, c. 70, s. 1.

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