Continuing Power of Attorney for Property
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 mentally capable of making their own personal care decisions.
When talking about Continuing Powers of Attorney for Property, 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.
And, 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.
"Spouse" and "partner" can have different meanings in other areas of law.