Introduction: What is a power of attorney?
In Canada and other countries, a Power of Attorney is a legal document that allows you to appoint someone to act on your behalf, especially in matters related to your financial or personal affairs. It is a useful tool for management if you are unable to do so yourself due to an illness, injury or other applicable reasons.
To notarize a Power of Attorney in Canada, you need to follow these 4 basic steps:
1. Preparing the Power of Attorney
This document must be in writing and meet certain requirements in order to be valid. It is always a good idea to consult a lawyer to ensure that the POA is properly drafted and meets all legal requirements. If the POA is being used in a different country, it is highly recommended to consult a lawyer in that country to draft the POA for you and E-mail it to you, so that you may have it notarized.
2. Find a notary public
Notaries public are authorized to witness the signing of your documents as it authenticates the execution of legal documents, including Powers of Attorney. You will be able to find a notary public from your area by searching online, using a phone book, looking into social media advertisements or by contacting your provincial/territorial government.
- Signing the POA
A Power of Attorney needs to be signed by the person granting the power (grantor) and the receiving person (attorney). The granter must sign the document in the presence of a witness, who will also need to sign this document. Many POAs require two witnesses and it is best to consult the lawyer drafting the POA.
- Notarizing the POA
Once the Power of Attorney has been signed, it must be notarized by a notary public. The notary public will sign the document and affix their signature/seal to the document.
When might a Notarized Power of Attorney be required?
A ‘Notarized Power of Attorney’ serves as an official authentication of a document, which can be essentially important in certain legal contexts. For example, it may be required as evidence in a court of law, or it may be necessary for a document to be recognized in another country.
The following situations may require a Notarized Power of Attorney:
- Unavailability for an extended period of time
In this case, this document can allow someone else to make decisions on your behalf, especially if you are unable to do so due to illness, injury, travel or any other personal circumstances
- Unable to make decisions
If you are incapacitated due to a physical or mental condition, this document can allow someone else to make decisions on your behalf
- Financial Management
If you need someone else to manage your finances or make financial decisions for your business or personal affairs, this document is beneficial
- Medical decisions
This document also provides the permission to someone else to make medical decisions on your behalf, especially if you are unable to do so
- Selling or transferring property
By signing this document, you allow someone else to sign documents or take other actions on your behalf that pertain to selling or transferring property
What are the main benefits of notarizing a Power of Attorney?
There are a number of benefits when you notarize a Power of Attorney in Canada, including:
- Legal recognition
The document may be required as evidence in a court of law, or it may be necessary for the document to be recognized as valid in another country for business or personal purposes
It serves as an official authenticated document, which can be important in situations where authenticity is an essential aspect
It can also be used as evidence in legal proceedings, such as a court case or an arbitration hearing
It can also serve as verification that the individuals involved are who they claim to be, and that they have signed the document willingly and without any pressure.
Notarizing further provides peace of mind by ensuring that the document has been executed properly and that the individuals involved have been properly presented.
The Bottom Line
By attesting to the authenticity of the Power of Attorney, the Notary Public helps to prevent fraud by verifying that the identity of the person signing and the document. are legitimate. Additionally, a notarized power of attorney also carries more legal weight and is more likely to be accepted as valid by courts and other government agencies. Therefore, it is important to have your power of attorney notarized in order to protect your interests.
As a leading notary public in Mississauga and Brampton, The Notary Guy consists of a team of professionals dedicated to providing quick, affordable, and reliable notary services. Our experienced notaries will handle your documentation with the utmost care and efficiency, ensuring that your process is seamless and secure. Start your notarization process with us today.