Acts and Regulations

P-19 - Property Act

Section 58.2
Disposition versions

Full text
Mental incompetence of donor
Repealed: 2019, c.30, s.34
2019, c.30, s.34
58.2Repealed: 2019, c.30, s.34
1987, c.44, s.1; 2019, c.30, s.34
Mental incompetence of donor
58.2(1)The authority conferred upon a donee by a power of attorney is not terminated where the donor suffers from mental incompetence after the creation of the power of attorney if the power of attorney
(a) contains a provision that expressly allows it to be exercised during such incompetence,
(b) is signed by the donor, or signed in the name of the donor by another person in the presence and at the direction of the donor, and
(c) is witnessed by an adult person other than the donee.
58.2(2)The provision referred to in paragraph (1)(a) may be revoked by the donor at any time that the donor does not suffer from mental incompetence.
1987, c.44, s.1
Mental incompetence of donor
58.2(1)The authority conferred upon a donee by a power of attorney is not terminated where the donor suffers from mental incompetence after the creation of the power of attorney if the power of attorney
(a) contains a provision that expressly allows it to be exercised during such incompetence,
(b) is signed by the donor, or signed in the name of the donor by another person in the presence and at the direction of the donor, and
(c) is witnessed by an adult person other than the donee.
58.2(2)The provision referred to in paragraph (1)(a) may be revoked by the donor at any time that the donor does not suffer from mental incompetence.
1987, c.44, s.1