Triggering Event Clause (Power of Attorney) (ON)

Summary

This clause is a triggering event clause that can be adapted to a client's wishes when drafting a power of attorney. It provides guidelines for a finding of incapacity of the grantor in order to "spring" the power of attorney. This clause includes practical guidance, drafting notes, and alternate clauses. Some advantages of including a triggering event in a power of attorney for property or a power of attorney for personal care are that the document cannot legally be used without evidence that the person is incapable. This may prevent a situation where, by fraud, a person not appointed as attorney can take steps without the knowledge of the grantor to deal with or dispose of the grantor's property without his or her knowledge by virtue of possession of the document or to begin making personal care decisions with the grantor's consent. However, the disadvantages of including a triggering event in the document are possibly greater, as drafting a workable trigger event is difficult, and ...