Myth Busting
POA stands for Power Over Attorney
false- Power of Attorney
You must be over the age of 18 to be a Power of Attorney Personal Care
False
you can be 16 years old
Power of Attorney is effective immediately
True- POA for Property is effective immediately, unless there is a clause stating otherwise
I do not need a Power of Attorney unless I am sick ?
False
It is better to complete a POA before you are sick for several reasons:
1.To complete a valid POA, you must have the necessary mental capacity (or be “of sound mind”). It is better to do a POA early when you are healthy, so there is no doubt.
2.It may be harder to get help from a lawyer if you are sick and cannot leave your house, are in a long-term care or retirement home, or are in the hospital.
3.Doing a POA may not be top of mind, or be what you feel like doing, when you are sick and want to focus on taking care of yourself.
4.Unfortunately, accidents do happen.
SDM
I do not need a will if I have Power of Attorney?
False -POA and wills do different things
Power attorney for personal care is effective immediately
False- POA for personal care is only active when you are deemed mentally incapable of making decisions
name 3 identifiers for capacity
1. what property do I have
2. who depends on you financially
3. What your POA can do
4. You can cancel your POA while mentally capable
I do not need a Power of Attorney if I have a joint account
False
Joint ownership is sometimes recommended by banks, financial advisors and others. The most common reason parents add a child as a joint account holder is to help with day-to-day administration of an account.
BUT there are risks to adding a child’s name to a bank account. They become a legal owner of whatever is in the account.
Also, without a POA, the child only has authority to deal with the jointly held property. Anything that isn’t held jointly — car, house, cottage, RRSPs — no one can deal with those things without a POA. POA is also needed if you want to file taxes on behalf of someone else.
DNR
Do Not Resuscitate
I don't need a Power of Attorney if I own a home
“Property” under a POA is very broad. It includes things such as: money in your bank account; your belongings; your car; your debts — even your pets. Nearly everyone has “property” as far as a POA is concerned. You do not need to own a home for a POA to be useful to you.
No- Unless the paid person is a relative, partner etc.
Does the Power of Attorney for Property receive payment?
Yes. The POA could receive 3% for payment
Power of Attorney is the same as Advanced Care Plan?
No
POA is a legally binding document that allows a person(s) to make decisions on your behalf. A ACP is a document that outlines your wishes for care and not legally binding
CPOAP
Continuing Power of Attorney for Property
I need a Power of Attorney if I am married
False
If you are married, your spouse would automatically be appointed your decision-maker for health decisions. If you did not want your spouse to make health-related decisions for you, or if you preferred to make the decisions jointly with another person, you would need to have a POA.
I am mentally incapable I can still make a Power of Attorney for personal care
No
The Substitute decision maker (SDM) can make decisions on your behalf
Name 2 cons to having a Power of Attorney for Property
1. Person may not know what they are doing
2. Person could take advantage of yourself and property
I have a diagnosis of dementia, does this means I am not able to appoint a Power of Attorney?
False- capacity would need to be determined before completing the document.
If you are using a lawyer- the lawyer will determine capacity
If you are completing the document on your own you can determine capacity
ACP
Advance Care Plan
I do not need a lawyer to do a Power of Attorney?
Many people complete their POA without help from a lawyer.
There are lots of resources that can help you: MAG kits, CLEO guided pathway, CLEO PLE information on steps to justice. We will walk you through these resources at the end of this presentation.
However, when possible, we recommend getting help or advice from a lawyer.
My Power of Attorney for Personal Care can use their own wishes and beliefs to make decisions on my care?
No- you should choose someone who knows and would follow your wishes.
I can only name 1 person to be my Power of Attorney for Property
False
you can name as many people as you want. You can name them as jointly/Severally/alone
I have a power of attorney. does this means I can no longer make my own decisions?
False
The POA allows the person to make decisions on your behalf. This document comes into effect immediately unless there is a clause entered into the document
POAPC
Power of Attorney for Personal Care