DIY POA: Drafting Your Own Power of Attorney (POA) Document

People regularly ask, “Can I make a POA myself?”

The answer from lawyers is a resounding, “Yes, but please don’t.”

This is for your protection. Using a do-it-yourself Power of Attorney document that you find online or using a kit you find at the bookstore can give you a very false sense of security. A large number of do-it-yourself POAs are either invalid altogether or, at a minimum, they are unhelpful.

Your Power of Attorney May Be Invalid

A POA will be invalid if it does not comply with the strict formalities of law (these are the rules for signing and witnessing the document).

Even if your POA is valid, it may still be unhelpful if it does not include the important terms it should. Invalid and unhelpful POA documents create considerable conflict within families and can leave people without anyone legally authorized to make decisions for them.

Formalities for Making a POA Document:

For example, in Ontario, a POA must be either:

1)

1. written entirely in the grantor’s own handwriting,
2. dated, and
3. signed at the end;

or

2)

1. a mix of: typed, hand-written by someone else, or hand-written by
2. the grantor,
3. dated,
4. signed at the end, and
5. witnessed by two witnesses who are:

1. 1. both in your presence when you sign it and watch you sign it;
   2. both in each other’s presence when they sign it.
   3. not the grantor’s spouse, the named attorney, the named
   4. attorney’s spouse, the child of the grantor, or a minor.

Easier said than done!

Because the formalities of making a POA are strict under Ontario law, many people do it wrong and their documents are either useless, or unhelpful to varying degrees. A lawyer knows the formalities that must be complied with. In each province, the formalities (the rules for signing and witnessing the document) can vary, so hiring a lawyer in the province you live is very important.

A lawyer can walk you through the terms, and pros and cons of each term, included in the POA document.

For example, a lawyer will discuss with you the qualities to look for when appointing an attorney for property and for personal care; the pros and cons of appointing attorneys in priority, jointly, or jointly and severally; whether to make the POA document limited, or continuing, or contingent upon some future event; and whether and how to include terms relating to medical treatments or end of life preferences.

Considering that a POA is a legal document affecting a person’s lifetime financial security and personal liberty, people should invest in having it done right.

See Also: Cost of Power of Attorney: Is It Expensive If A Lawyer Drafts It?