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A power of attorney is a legal document that gives someone you trust the right to make financial or health care decisions for you. This trusted person does not have to be a lawyer to be your attorney.

In Ontario, there are restrictions on the types of financial transactions that a power of attorney can carry out. In general, the principal's money or property cannot be transferred to themselves by either type of power of attorney.

As well, an attorney cannot make a gift to themselves without the authorization of the court. The court may also authorize an attorney to make a gift that is not otherwise authorized under the act if the court is satisfied that it would be appropriate for the attorney to make the gift.

If the compensation is not addressed in the PoA, the attorney can apply to the Court to be compensated. Currently, the general rule (which can be varied) is that compensation will be 3% of all capital & revenue receipts, 3% of capital and revenue disbursements, and 0.6% for annual care.

A special power of attorney (SPoA) is a legal document that authorises one person (referred to as an agent) to act on another's behalf (the principal) if the principal is unable to make decisions for himself, he gives the agent this authority.

Since an agent with a power of attorney can manager a principal's finances, that same agent could withdraw from or cash in funds from an IRA. However, this can only be done in a way that benefits the principal and his or her needs.

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.

An agent cannot:Make decisions on behalf of the principal after their death. (Unless the principal has also named the agent as the executor of their will or the principal dies without a will and the agent then petitions to become administrator of their estate.) Change or transfer POA to someone else.

General power of attorney With a general power of attorney, you authorize your agent to act for you in all situations allowed by local law. This includes legal, financial, health, and business matters.

When a POA is a general POA, if there's nothing in it, giving the agent the right to change bank account beneficiaries, the agent cannot do so. Even if the agent can deposit checks in the bank, changing beneficiaries of a bank account is a special power which the POA instrument must specifically list.