a police officer with a police service established or continued under The Police Services Act.a member of the Royal Canadian Mounted Police or.a lawyer entitled to practice in the province.a notary public appointed for the province.a justice of the peace or provincial judge.a judge of a superior court of the province.an individual registered, or qualified to be registered, under section 3 of The Marriage Act to solemnize marriages.Enduring Power Of Attorney In ManitobaĪs per Manitoba law, your Enduring Power of Attorney needs to be Witnessed by one of the following persons: If you have any issues getting your POA notarized, you can always reach out to us at We’re able to provide you with the name of a notary who is familiar with our documents, or we can find one for you. If a notary says they will not notarize your documents because they did not create it, explain that they are not notarizing the document itself, rather they are notarizing the statutory declarations. (This is especially important in BC, where notaries have the power to draft wills. They are not giving legal advice or attesting to the contents of the document. These forms separate from the main document. It’s very important to note that the notary is not actually notarizing the full document, rather they are signing statutory declarations. However, many choose to do it when they execute the document to reduce future stress for their attorney. Only the witnesses and attorneys need to fill out the forms with the notary. If you become incapacitated and your attorney needs to act on your behalf in relation to property, they can take care of it at that time. You can notarize the forms in the future.It is not required to make the document legally-valid. Notarization is only required in these provinces in the event that your attorney is trying to sell or act on behalf of a property you own.You do not need to go through this process if you do not own or plan to own land/property in the future.This is why at Willful we say that you can finish your will and power of attorney documents without visiting a lawyer or a notary. Your POA is still 100% legally-valid if you sign and witness the document properly. However, you do not need to get this done at the time you execute the document. This is because land title bodies in these provinces require your Enduring POA documents to be registered with them, if an attorney is transacting land on your behalf. In British Columbia, New Brunswick, and Nova Scotia, if you own land/property or plan to in the future, you need to get your Enduring Power of Attorney notarized. ✍️ Learn more about powers of attorney here → What Situations Should I Notarize My Power Of Attorney Documents? Notarized Enduring Power of Attorneys in British Columbia, New Brunswick, and Nova Scotia Refer to the instructions page of your Willful documents for localized instructions. Please note that signing requirements vary by province. The signatures must be in wet ink and at the very end of the document (You cannot digitally sign and witness your estate planning documents at this time).You must sign your document in the presence of two valid witnesses and they must sign to confirm they have witnessed your signature.You must be of sound mind and over the age of majority in your province.The document must be stored as a physical document (It must be printed and cannot be stored online).There are minor nuances between provinces but here are the general rules for your POA to be legal in Canada: While you don’t need a lawyer to make your POA documents, there are some criteria you will need to meet to make them legal. What Makes My Power Of Attorney Documents Legal? However, there are a couple instances where you may want to include a notary. This applies to power of attorney documents in all provinces in Canada. Similar to a legal last will and testament, you do not need to have your power of attorney documents notarized for them to be legal. Two common questions we get asked include, “Does my power of attorney need to be notarized?” and “How can I notarize my power of attorney documents?” Does A Power Of Attorney Need To Be Notarized In Canada?
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