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Can I make a power of attorney?

You must be at least 18 years old and mentally capable.

You are mentally capable of making a power of attorney if you:

  • know what property you have and roughly what it is worth,
  • know if someone depends on you financially and what you need to do for them,
  • know what power you are giving your attorney,
  • know that your attorney must be able to explain what they do with your money and property, and
  • know that as long as you are mentally capable, you can cancel your power of attorney.

As well, to be mentally capable, you must understand that:

  • your property could lose value if your attorney does not do their job well, and
  • your attorney might act in ways that are not proper, such as using your money for themselves.
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