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Continuing Power of Attorney for Property

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Do I need witnesses when I sign the form?

Yes. The law says you need two witnesses. Both must be with you when you sign and they must also sign. The following people cannot be witnesses:

  • your spouse, partner, child, or someone you treat as your child,
  • your attorney or your attorney's spouse or partner,
  • anyone under the age of 18,
  • anyone who has a "Guardian of Property" appointed for them by a court because they are not mentally capable of managing their property,
  • anyone who has a "Guardian of the Person" appointed for them by a court because they are not mentallycapable of making their own personal care decisions.

Definitions

A person is your "spouse" if any of the following things are true:

  • you are married to them,
  • you have lived together common-law for at least a year,
  • you have a written cohabitation agreement with them, or
  • you have a child together.

A person is your "partner" if you have lived together for at least a year and you have a close personal relationship of primary importance to both of you.


Note: These definitions apply to Continuing Power of Attorney for Property. "Spouse" and "partner" can have different meanings in other areas of law.