Understanding Enduring Power of Attorney in New Brunswick
School
George Brown College Canada**We aren't endorsed by this school
Course
ACCOUNTING 3009
Subject
Law
Date
Dec 10, 2024
Pages
4
Uploaded by ConstableLionMaster1125
Now that we've outlined the fundamental concept of an Enduring Power of Attorney (EPA)in New Brunswick—highlighting the ability to appoint individuals to make decisions on your behalf—let's delve deeper into the legal requirements. We'll explore aspectssuch as the age and capacity criteria, the nature of the written document, and the role of a monitor under this ActIn New Brunswick, the Enduring Power of Attorney (EPA)requires the grantor(the person giving the power) to be at least 19 years old. This is the legal age for the grantor to authorize someone else (the attorney) to manage their financial and legal matters if they become incapacitated due to illness, loss of mental capacity, or other reasons.As for the attorney(the person being given the power), they also need to be an adult, meaning they must be at least 19 years old. So, the legal age of 19 applies to the grantor, but the chosen attorney must also meet this age requirement.A POA should be kept in a safe place. It is important that you know where the POA is kept and can access it when it is needed because you will need to show either the original or a certified true copy of the document when carrying out your duties under the POA. No, a monitorunder the Enduring Powers of Attorney Actis not the same as a witness.A monitoris someone appointed by the grantor to oversee the actions of the attorney.Their role is to check on the attorney's conduct, ensuring they are acting in the grantor's best interests. The monitor has the authority to:Visit and communicate with the grantor.Request records from the attorney regarding how they are managing the grantor's affairs.Apply to the court to remove the attorney's powers if there is suspicion of wrongdoing, such as financial abuse.On the other hand, a witnessis simply someone who observes the signing of the legal document to confirm its legitimacy, but they do not have ongoing responsibilities like a monitor.Sure! Here’s a detailed explanation of each point in both English and Vietnamese:### Legal Age and Capacity**English:** To create a valid Power of Attorney (POA), both the grantor (the person who gives the authority) and the attorney (the person who receives the authority) must be at least 19 years old. This ensures that both parties are considered adults in the eyes of the law and have the legal capacity to enter into suchagreements. In many jurisdictions, individuals younger than 19 may not have the full legal capacity to make such binding decisions.
### Written Document**English:** The Power of Attorney must be documented in writing. This written document can be a general POA, which grants broad powers over the grantor’s financial and legal matters, or a specific POA, which limits the powers to particular tasks or a specific time period. The written nature of the POA ensures clarity and helps prevent misunderstandings about the extent and limits of the powers granted.### Appointing a Monitor**English:** Under the Enduring Powers of Attorney Act, a grantor has the option to appoint a monitor who will oversee the actions of the attorney. This monitor ensures that the attorney acts in the best interest of the grantor and adheres to the terms of the POA. The presence of a monitor provides an additional layer of protection, preventing potential misuse of the authority granted and ensuring accountability.Một số tỉnh bang, như British Columbia, có mẫu POA chuẩn hóa mà bạn có thể tải xuống và sử dụng, trong khi ở New Brunswickvà nhiều nơi khác, các mẫu có thể khác nhau nhưng không bắt buộcphải theo một mẫu cố định.Why Do New Brunswick Residents Need a Power of Attorney?Residents of New Brunswick do not need a power of attorney, though it is recommended. If you don’t have an EPA, the court may appoint a legal guardian in your place, and while a loved one or friend may apply for the role, the process is both expensive and time-consuming. If no one around you is able to become your legal guardian should you lack capacity, the court may ask a Public Trustee to assume the role.Now that we've outlined the fundamental concept of an Enduring Power of Attorney (EPA)in New Brunswick—highlighting the ability to appoint individuals to make decisions on your behalf—let's delve deeper into the formal requirements.
So talk about requirements, do Residents of New Brunswickmust have a power of attorney? So the same with Ontario that Professor demonstrated last week, Residents of New Brunswick do not need a power of attorney do not need a power of attorney, though it is recommended. If you don’t have an EPA, the court may appoint a legal guardian in your place,however, the process is both expensive and time-consuming.So If no one around you is able to become your legal guardian should you lack capacity, the court may ask aPublic Trusteeto assume the role.To create a valid EPA in NB, both the grantor (the person who gives the authority) and the attorney (the person who receives the authority) must be at least 19 years old. This ensures that both parties are considered adults in the eyes of the law and have the legal capacity to enter into such agreements. In many jurisdictions, individuals younger than 19 may not have the full legal capacity to make such binding decisions.besides, bothmust be mentally competent at the time they grant it. This means they need to understand the nature and effect of the document they are signing.However, the power of attorney remains in effect if grantor lose capacity later on.### Written DocumentThe Power of Attorney must be in writing, either as a general POA with broad authority or a specific POA limited to certain tasks or timeframes. This ensures clarityand prevents misunderstandings about the powers granted.Additionally, this legal document should be kept in a safe place. It is important that you know where the POA is kept and can access it when it is needed because you willneed to show either the original or a certified true copy of the document when carrying out your duties under the POA. Under the Enduring Powers of Attorney Act, a grantor can appoint a monitor to oversee the attorney's actions, ensuring they act in the grantor's best interest and follow the POA terms. This adds protection against misuse and ensures accountability.
A power of attorney does not give you the authority to: • Make or revoke a will for the grantor. • Change the grantor’s will. Unless the grantor gives specific authority under an enduring power of attorney, the attorney does not have the authority to: • Assign the authority that the attorney has been given to someone else. • Makea gift on behalf of the grantor.