When you need someone to make decisions when you can’t travel. Some of my clients have property in the Philippines and they need someone to sell it for them or transfer it to their relative. Some of my other clients have to be out of the country and must sell their home in British Columbia while they are on vacation. Some clients have pension in the Philippines that they need to cash. Others are going into surgery and may be recovering for one week and they may need to have their bills paid. These clients have entered my office requesting either a Power of Attorney, a Special Power of Attorney or an Enduring Power of Attorney. Have you thought about the day when you may not be available to sign legal documents, sell your house or pay your bills. Maybe you may be in another country when all of a sudden something has to be signed by you in Canada. What can you do? Go to your nearest Notary Public and have her prepare a Power of Attorney.
A Power of Attorney allows you to have someone act on your behalf in making financial or legal decisions. This document is prepared by a Notary Public and witnessed by the Notary Public.
With this document, your attorney – the person you have given the power to make these decisions, may make financial or legal decisions for you when you are unable to make the decisions.
The power you give this attorney may be specific or limited like cashing a cheque. It can also be general like managing your financial and business affairs.
Once you sign this Power of Attorney, your attorney may use it as soon as possible. It is effective as soon as it is signed. When your attorney requires to act on your behalf, he or she must present this document to the agency or official or individual requiring the authority.
In cases of the Philippines, I have prepared hundreds of Special Powers of Attorney for my B.C. clients who have property in the Philippines or pension cheques that need to be cashed.
Other examples are collecting debts, severance cheques, obtaining monies from the Pagibig Fund, depositing cheques, etc. This type of document can be prepared by a Notary Public and in most instances have to be authenticated by the Philippine Consulate.
One more thing to note, appointing an attorney must be given considerable thought and care. The attorney you are appointing is someone you trust because this person has the POWER to act on your behalf. You must remember this person is going to be YOU when he or she is signing documents, or entering into agreements, etc.
A Notary Public in the City of Burnaby and a Certified Canadian Immigration Consultant and Senior Advisor, Editha Corrales Nelson’s preferred areas of practice are Powers of Attorney, Wills Preparation, International Legal Documents, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services. For an appointment, please call: 604-777-2757.
The following should not be construed as providing legal advice and information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation. For more information on the subject, contact Editha Corrales Nelson at 604-777-2757
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