57 Revocation Of Power Of Attorney

REGULATIONS AND FORMS

The director has approved the use of Form 8, Notice of Revocation of Power of Attorney. The use of Form 8 is optional.

Submissions

On the Revoke Power of Attorney Application, select Nature of Interest, Revocation of Power of Attorney/Representation Agreement, and attach an image of the original Form 8 or other evidence.

PRACTICE

Revocation by Notice of Revocation or Other Evidence

Where the power of attorney is on file in the land title office, revocation may be effected in one of two ways:

1. by filing a notice of revocation of power of attorney; or
2. by filing “other evidence that, in the opinion of the registrar, is sufficient to effect a revocation”.

A notice of revocation of power of attorney may be filed in Form 8, which provides for formal proof of revocation and execution. However, the registrar may exercise a discretion similar to that available to the registrar under ss. 49 and 50. Revocation by “other evidence” may occur, for example, on the death of a donor or attorney. In such cases, the registrar may accept a death certificate as evidence of a revocation.

Noting Revocation in the Index of Powers of Attorney

When the registrar receives notice of revocation or other evidence that the registrar considers sufficient to effect a revocation of a power of attorney, the registrar notes the revocation in the index of powers of attorney by recording the fact and date of revocation.

Power of Attorney Limited by an Event

When the power of attorney is limited by some event, such as return of the donor to the province or attainment by the donor of the age of majority, the registrar calls for evidence that the power and grant have not been revoked by the event.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Execution of Instrument after Power of Attorney Has Ceased to Exist

See s. 3 of the Power of Attorney Act, which provides that if an attorney purports to act on behalf of a donor at a time when the attorney’s authority to do so has been terminated, and if the attorney’s act is within the scope of their former authority and the attorney has no knowledge of the termination, then, for the purpose of determining the liability of the attorney for the act, the attorney is deemed to have had the authority to act.

Effect of Officer Certification of Attorney’s Signature

Officer certification of an attorney’s signature certifies, among other things, that when the attorney appeared before the officer, the attorney acknowledged that they had, at the time of execution, no knowledge of the death or bankruptcy of the transferor/donor, or of the revocation of the power by the transferor/donor. See ss. 45 and 46 of the Act.

Donor May Lodge Caveat when Power of Attorney Not on File

Where a power of attorney is not on file, the donor does not have the option of revoking authority by filing a notice of revocation of power of attorney or “other evidence that, in the opinion of the registrar, is sufficient to effect a revocation”. In this case, the donor may lodge a caveat under s. 283 of the Land Title Act. The caveat must be lodged against specific properties and expires after two months in the usual way.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Caveat, and attach an image of the original Form 38.

Power of Attorney when Donor Becomes a “Patient”

By Order of the Court

Under s. 19 of the Patients Property Act, if a person is declared to be a patient by court order under para. (b) in the definition of “patient”, every power of attorney given by the patient, including an enduring power of attorney, terminates once the order is made. On receipt of an order appointing a committee, the registrar must make a notation of the termination in the index of powers of attorney against the record of any power of attorney given by the patient.

Submissions

On the Declaration form, enter a description of the order and attach an image of the court certified copy of the order appointing a committee.

By Certificate of the Director

Section 19.1 of the Patients Property Act provides that, if a person becomes a patient by way of a certificate under para. (a) or (a.1) in the definition of “patient”, every power of attorney given by the patient is suspended pending a determination by the Public Guardian and Trustee about whether it is necessary or desirable for the Public Guardian and Trustee to manage the patient’s property. If the Public Guardian and Trustee determines that it is necessary or desirable to manage the patient’s property, the power of attorney is terminated. On receipt of an order appointing a committee, the registrar must make a notation of the termination in the index of powers of attorney against the record of any power of attorney given by the patient.

Electronic Submissions

An order appointing a committee is in the class of supporting documents designated by the director for electronic filing.

Formalities of Proof of Execution by an Attorney

See ss. 45 and 46 of the Act.

Effect of Execution of Second Power of Attorney

See s. 54 of the Act regarding the effect of a second power of attorney on an earlier power of attorney executed by the same donor.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, para. 360.