Attorney Compensation Clause (No Compensation) (ON)

Summary

This clause is intended for inclusion in a power of attorney. It states that the grantor’s attorney is not authorized to take compensation for his/her/their work performed in managing the grantor’s estate. This clause includes practical guidance and drafting notes. Section 40 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 ("SDA") provides, subject to any provisions in the power of attorney document itself, that an attorney for property may take annual compensation from the property under control, in accordance with a prescribed fee scale. The prescribed fee schedule is found under Substitute Decisions Act, 1992 General Regulation, O. Reg. 26/95. A continuing power of attorney may expressly provide for compensation and define an amount and manner for it to be taken. When the quantum or manner of compensation is explicitly dealt with in the instrument, the prescribed fee schedule no longer governs (SDA, s. 40(4)). An attorney for personal care is not required to be compensated ...