Attorney Compensation Clause (Out-of-Pocket Expenses Only) (ON)

Summary

This clause is intended for inclusion in a power of attorney and grants the attorney for property entitlement to reimbursement for all reasonably incurred out-of-pocket expenses. It does not authorize him/her/them to take annual compensation from 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. An attorney for personal care is not required to be compensated pursuant to the SDA. Any right to compensation must be provided in the instrument. An attorney for personal care may also receive compensation from the court if it is ordered; the amount is usually determined ...