YOUR CONTINUING POWER(S) OF ATTORNEY
Pursuant to your instructions, we have prepared two original
copies of the attached Continuing Power(s) of Attorney. Although
considerable care has been taken to prepare this document in
accordance with your instructions, it is quite important that you
go over the same to ensure that it is accurate. If you are not
sure of any of the provisions of this Power of Attorney and wish
an explanation of the same, please do not hesitate to contact me.
1. You should advise the person(s) named as attorney(s) that
you have made this appointment and discuss with your attorney(s)
any special circumstances concerning your property and affairs
since this Power of Attorney does give the attorney(s)
considerable discretion.
2. We have advised you that it is essential that
you have complete confidence in the person or persons named as
attorney since an attorney, without either your consent or
knowledge, can deal with your assets, including property and bank
accounts, without requiring further authorization from you.
3. It is not possible for you to change the
provisions of a Continuing Power of Attorney except by drawing a
new Power of Attorney and accordingly you should not endeavour to
change any of the names, etc. on the documentation provided to
you.
4. If instructed by you, we will retain the
second executed copy of the Continuing Power of Attorney in our
records but on the express understanding that we may release the
same if we are reasonably satisfied that it would be in your best
interests to do so and that we are not to be held responsible as
to the actions of your attorney(s) thereafter.
5. If this is a Continuing Power of Attorney for
property, it is possible that you may wish to prepare a written
memorandum instructing your attorney(s) concerning specific
matters (such as not investing in stocks or other securities or
with a specified financial institution). If this is a Power of
Attorney for personal care, you might consider preparing a
written memorandum regarding types of medical procedures to be
permitted (surgery, etc.) or medical procedures not to be
permitted (such as the giving of a "Do Not Resuscitate"
order). Although your written memorandum concerning such
instructions does not form part of the Power of Attorney
document, such a memorandum should be kept with your copy of the
Power of Attorney since such instructions would be helpful to
your attorney(s).
6. A Continuing Power of Attorney terminates on
your death and accordingly you should also have a Will naming an
Executor and directing as to the disposition of your assets.
7. A Continuing Power of Attorney is revoked
automatically if you grant a new Continuing Power of Attorney. Be
careful that you do not do so inadvertently by executing in the
future a bank or stockbroker form of power of attorney without
first confirming that the specific power of attorney is not meant
to be ‘continuing’, i.e. to survive your incapacity.
©FLEURY, COMERY
gem\office\powatt.memo.#11 Rev.
04/03
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