Lawyer or Limited Licensee Will Not Honour Power of Attorney
Whether, and in what way, a lawyer or limited licensee must honour a power of attorney depends on the:
- apparent validity of the power of attorney; and
- type of power of attorney (i.e. enduring or contingent, personal, property, personal and property). See the Public Legal Education Association of Saskatchewan (PLEA) website for an overview of the types of power of attorney.
For example, a contingent enduring power of attorney comes into effect only at a later date, when a specific situation occurs.
This also means that the authority granted to an individual to act under a power of attorney may:
- not immediately be granted or be granted for all decisions;
- only come into effect at a later date when a specific situation occurs; or
- only grant authority to make particular decisions, like to manage property or financial affairs.
If you believe a lawyer or limited licensee should be honouring a power of attorney, we recommend you review the power of attorney to ensure it grants the authority you are seeking.
If you still believe it should be honoured, we recommend asking the lawyer or limited licensee for an explanation. Select ‘Discuss with Lawyer or Limited Licensee’ below for more information on this option, your next steps, and a self-help communications template.