1. An attorney must be at least 18 years old and mentally competent to make property decisions.
2. Your attorney should be trustworthy.
3. The Attorney must account to you for his/her actions and therefore must keep records of their activities on your behalf.
4. They should be someone who has good common sense in making investment decisions. If they are not sure about managing your money or property then they should understand that they should hire professionals for advice.
5. Your attorney should listen to you and be someone who will try to cooperate with the others in the family but will not be influenced by them in the decision-making process on your behalf.
6. Be sure to discuss, in advance, the fact that you wish to appoint someone to be your attorney so that you do not catch them by surprise. If they are unwilling to act you may not have the protection that you think you have under your power of attorney.
7. It is better to appoint someone younger than you to be your attorney so that at least statistically they will be in better health and live longer than you.
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8. If you have two different people appointed as attorneys, one for property and one for personal care they should be able to cooperate and act in your best interests.
9. It is also important to consider geography and to nominate someone who lives nearby as opposed to, for instance, Vancouver. It is also helpful if they are reasonably familiar with your situation.
10. Do not forget to appoint someone else who can substitute for your first choice so that, in the event of ill health or death of your first choice, you will have not lost someone to act.
TIP: No matter who you appoint as your attorney sometimes there are questions by family members or other interested persons about the management of an attorney appointed under the Power of Attorney document. They might just be nosey or have legitimate concerns about the administration of the attorney.
SUGGESTION: These questions can be limited and costly litigation avoided by inserting a paragraph in the Power of Attorney document requiring the attorney to provide a report and accounting to you and/or others on some regular basis much the same as the court might require of a court appointed guardian of property.
This article is not intended to be relied upon as legal advice but only to give the reader an overview of the law in Ontario. You need to consult your legal representative to determine the best procedure in your particular circumstances.
