Legal Question in Wills and Trusts in Canada

power of attorney

Hi my friend received a power of attorney form from her husband and he had already signed it. She wants me to be a witness but, I wasn't sure whether I was able to do that without his presence. I know him well but, I would still like to know if it will be okay to do that. Thank you


Asked on 7/04/06, 5:08 am

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: power of attorney

No you may not witness the power of attorney or any document unless:

1. You see the grantor actually sign the document with His true signature and you know the person or obtain valid identification from the person, or

2. The person who signed the document appears before you , with the document and identifies the signature on the document as his, again with valid identification.

Never witness the signature of another person at the request of a third party unless 1 or 2 is followed.

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Answered on 7/04/06, 11:56 am


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