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Substitute Decisions Act , section: 7
Wills-Estates, Continuing power of attorney for property
A power of attorney for property is a continuing power of attorney if, (a) it states that it is a continuing power of attorney; or (b) it expresses the intention that the authority given may be exercised during the grantorís incapacity to manage property. 1996, c. 2, s. 4 (1). Note: Subsection 7 (1), as re-enacted by the Statutes of Ontario, 1996, chapter 2, subsection 4 (1), applies to powers of attorney given before or after March 29, 1996. See: 1996, c. 2, s. 4 (5).
(2) The continuing power of attorney may authorize the person named as attorney to do on the grantorís behalf anything in respect of property that the grantor could do if capable, except make a will. 1992, c. 30, s. 7 (2).
(3) The continuing power of attorney may name the Public Guardian and Trustee as attorney if his or her consent in writing is obtained before the power of attorney is executed. 1996, c. 2, s. 4 (2).
(4) If the continuing power of attorney names two or more persons as attorneys, the attorneys shall act jointly, unless the power of attorney provides otherwise. 1992, c. 30, s. 7 (4).
(5) If two or more attorneys act jointly under the continuing power of attorney and one of them dies, becomes incapable of managing property or resigns, the remaining attorney or attorneys are authorized to act, unless the power of attorney provides otherwise. 1992, c. 30, s. 7 (5); 1996, c. 2, s. 4 (3).
(6) The continuing power of attorney is subject to this Part, and to the conditions and restrictions that are contained in the power of attorney and are consistent with this Act. 1992, c. 30, s. 7 (6).
(7) The continuing power of attorney may provide that it comes into effect on a specified date or when a specified contingency happens. 1992, c. 30, s. 7 (7).
(7.1) The continuing power of attorney need not be in any particular form. 1996, c. 2, s. 4 (4).
(8) The continuing power of attorney may be in the prescribed form. 1992, c. 30, s. 7 (8).
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