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ARTICLE · 28 OCTOBER 2019

Heading South For The Winter? Don't Forget Your Powers Of Attorney

As colder weather approaches, Ontario snowbirds will start flocking to warmer climates.

CanadaWealth Management

As colder weather approaches, Ontario snowbirds will start flocking to warmer climates. According to a 2018 study commissioned by The Canadian Trade Commissioner Service, close to 500,000 Canadian snowbirds spend their winters in Florida. Arizona and California are also popular destinations.

Many, if not most, will arrange health insurance in anticipation of travel, but consideration should also be given to incapacity planning. Who has the authority to manage a person's real estate assets, access financial accounts or pay bills upon incapacity? And likewise, who has authority to make health care and medical decisions on a person's behalf?

For a power of attorney to be valid, it must comply with the legal requirements of the applicable jurisdiction. An Ontario power of attorney must be signed by the grantor in front of two eligible witnesses in the presence of each other and the grantor. By way of example, in Florida, a local power of attorney must be signed by the

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