Wednesday, December 14, 2011

Power of Attorneys - Why Are They So Long Now?

So, you did your Power of Attorney a few years ago and you heard some laws changed. Does it matter to you and do you care? Maybe and maybe not.

The documents changed from my perspective and our 'big-girl' version appointing a first and second is a whoppping 15 pages from start to finish! What happened? Firstly, the signing requirements changed. Secondly, the powers to the attorney have changed. Thirdly, our professional obligations are more sophisticated. Our short form is still 7 or 8 pages.

In the last 3 months, many law firms have been struggling with the Land Title Office to register old and new power of attorneys. The LTO, like us, is still sorting out the new changes and what they mean to the documents. I think we mostly understand it now, but many lawyers and notaries are still having their documents rejected for registration.

My advice to the donor (the one giving the powers away) has not really changed, but my comments to the attorney have. The moment the attorney signs the document, they are bound to it and for that reason, we do not usually have the second or alternate attorney sign the document. 

What has changed is that it is a more sophisticated document, requiring more skill, time and review with the clients then it did before. That means our prices are going up too.

But - there is good news on the representation agreements - that's my next blog!

If your lawyer is not helping you, ask yourself why not.