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Power of Attorney

How do you appoint someone to make decisions if you can't?

A power of attorney (a mandate in Quebec) lets you appoint someone to handle your finances and property, and separate documents typically cover health-care decisions. The critical point: you must make these documents while you still have capacity. Once capacity is lost, the alternative is a court-appointed guardianship — slower, public, more expensive, and not your choice.

What to do next

  1. Do it before you need it

    Capacity is required to grant a valid power of attorney. Families who wait until after a diagnosis or an incident are often left with no option but a court application.

  2. Decide financial and health-care decisions separately

    Most jurisdictions treat property and personal-care decisions as separate appointments, and you may want different people for each. Name alternates in case your first choice cannot act.

  3. Set the scope and the safeguards

    Decide whether it takes effect immediately or only on incapacity, what powers it includes, and whether to require accounting to a third party. Broad, unchecked authority over finances is where abuse happens.

Frequently asked questions

What if I lose capacity without one?

Someone generally has to apply to court to be appointed — guardianship, or tutorship/curatorship in Quebec. It is slower, costlier, public, and may not appoint the person you would have chosen.

Is a financial power of attorney the same as a health-care one?

Usually no. Most jurisdictions use separate documents for property and for personal or medical decisions, and you can appoint different people.

Can it be misused?

Yes, which is why choosing a trustworthy person and building in safeguards such as reporting requirements or co-appointees matters.

Can I revoke it?

Generally yes while you have capacity. Revocation should be in writing and communicated to the attorney and any institution relying on it.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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