Legal Question in Wills and Trusts in Canada

Alzheimer's Disease-Power of Attorney

Let's say that there is a husband and wife and the husband has alzheimer's disease. They currently have each other as the power of attorney. The wife is going to assign a sub power of attorney for herself. Is there a way to assign a sub power of attorney for the husband without him signing paperwork and without going through the court system?


Asked on 2/05/01, 8:05 pm

1 Answer from Attorneys
Steven Matheson Edwards & Carfagnini

Re: Alzheimer's Disease-Power of Attorney

Depending on what province you live in you may have to go through the court system. If the husband is no longer mentally capable of making his own decisions, then the wife will have to go through the proper procedure to have him assessed by an assessor and then proceed through the court to obtain a power of attorney.

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Answered on 3/19/01, 11:00 am


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