Witness Affidavit: Continuing Power of Attorney for Property (ON)

Summary

This precedent is an affidavit of one of the subscribing witnesses to a continuing power of attorney for property. It contains practical guidance, drafting notes and alternate clauses. The witnessing of a power of attorney for property is governed by the Substitute Decisions Act, 1992, S.O. 1992, c. 30 ("SDA"). Pursuant to s. 10 of the SDA, powers of attorney must be executed in the presence of two witnesses. Section 3.1 of the SDA, permits the execution of wills and powers of attorney in the presence of witnesses by means of "audio-visual communication technology", meaning "any electronic method of communication which allows participants to see, hear and communicate with one another in real time". It also requires that at least one of the witnesses be an Ontario licensed lawyer or paralegal. For more information on the requirements for properly witnessing a power of attorney, see the practice note: Power of Attorney for Property (ON). For sample powers of attorney for property, see ...