There are definitely options available to you, and I will outline some of the considerations.
Power of attorney for property
When you prepare a power of attorney for property (called a mandate in Quebec), you appoint someone to make financial decisions on your behalf. These documents are generally prepared so that if you become incapacitated, there’s someone who can manage your finances for you.
Someone acting as an attorney can typically manage your bank accounts, pay your bills and make decisions about your other assets. They cannot prepare a new will for you, nor can they make changes to your testamentary wishes like registered account or life insurance beneficiary designations.
Other powers of attorney
A power of attorney for personal care may also be known as a personal directive, representation agreement or protection mandate, depending on the province or territory. These documents are used to appoint someone to make health-care decisions on your behalf.
Many people appoint the same attorney for financial and health matters, but it’s not a requirement. One family member or friend may be better suited to make financial decisions over health-care ones, and vice versa.
Declining or stepping down from a POA appointment
Someone who is named in a power of attorney or similar estate document is not obligated to act. They may choose to decline their appointment. This is a reason to make sure you let someone know beforehand that you are planning to name them.
Regardless, things can change, and it sounds like in your case, Kate, it’s just getting to be too much work for you. You should seek legal advice about how to step down from your appointment properly. You should inform all parties in writing and make sure a new representative is in place to maintain continuity.
Appointing a professional attorney
You can appoint a professional as power of attorney. It could be an individual, like a lawyer, or it could be an entity, like a trust company. If there’s no replacement named by the grantor in their power of attorney document, you should seek legal advice about how to properly transition the duties to a new party.
