Editing Power of attorney (section)

==Legal status by country==
=== Australia ===
In Australia, anyone with capacity can grant a power of attorney.  This can be done either for a pre-defined period of time, or in perpetuity ("enduring").  The power of attorney can be granted to one individual, or to multiple individuals.  When granted to multiple individuals, they may be authorised either to act jointly (all together) or to act severally (each can act individually).

=== Canada ===
In Canada, there are generally two types of Power of Attorney:<ref>{{cite web|title=What every older Canadian should know about: Powers of attorney (for financial matters and property) and joint bank accounts|date=3 October 2016 |url=https://www.canada.ca/en/employment-social-development/corporate/seniors/forum/power-attorney-financial.html}}</ref>
* Power of Attorney for Property: Allows the appointed attorney to make financial and property decisions on behalf of the grantor, such as managing bank accounts, selling property, and paying bills.
* Power of Attorney for Personal Care: Allows the appointed attorney to make decisions related to the grantor's health care and personal well-being, such as choosing a place of residence, and making decisions about medical treatment.

It is also possible to have a Combined Power of attorney which allows both the personal care and property management decisions to be taken by the attorney.
The laws and regulations for Power of attorney vary by province or territory and the specific requirements for each type of Power of attorney may vary.

==== Ontario ====
In Ontario, a Power of Attorney for Property allows a person (the "grantor") to appoint another person (the "attorney") to make financial and property decisions on their behalf. This Power of Attorney for Property includes a Continuing Power of Attorney for Property (CPOA), and a non-continuing Power of Attorney.<ref>{{cite web|title=Substitute Decisions Act, 1992, S.O. 1992, c.30|date=24 July 2014 |url=https://www.ontario.ca/laws/statute/92s30}}</ref><ref>{{cite web|title=  A GUIDE TO THE SUBSTITUTE DECISIONS ACT,1992, Office of the Public Guardian and Trustee Ministry of the Attorney General, Ontario |url=https://www.publications.gov.on.ca/store/20170501121/Free_Download_Files/300635.pdf}}</ref> The attorney's authority can be limited or broad, and can take effect immediately or only in certain circumstances (such as the grantor becoming mentally incapable). The grantor can also revoke or cancel the Power of Attorney at any time while they still have capacity.<ref>{{cite web|title=Make Power-Attorney|url=https://www.ontario.ca/page/make-power-attorney}}</ref><ref name="Questions and Answers">{{cite web|title=POWERS OF ATTORNEY Questions and Answers, office of the public guardian and trustee, Government of Ontario|url=https://www.publications.gov.on.ca/store/20170501121/Free_Download_Files/300629.pdf}}</ref>

One can make a power of attorney document oneself for free using a web tool created by Community Legal Education Ontario or have a lawyer do it.<ref>{{cite web|title=Guided Pathway to preparing a power of attorney|url=https://stepstojustice.ca/guided-pathways/wills-and-powers-of-attorney-preparing-a-power-of-attorney/}}</ref> It is important to note that the Power of Attorney must be in writing, signed by the grantor, and witnessed by someone other than the attorney.

If one doesn’t make a Power of Attorney, the government will not automatically step in if one can’t manage own affairs. In these circumstances a family member has the right to make your health care decisions or apply to become your “guardian” of property. Alternatively, someone else – such as a close friend - could apply to make decisions for you in these matters. The government, through the Office of the Public Guardian and Trustee (OPGT), acts only in situations where it is legally required and where no other suitable person is available, able and willing.<ref name="Questions and Answers"/>

===England and Wales===
{{Infobox UK legislation
| short_title           = Powers of Attorney Act 1971
| type                  = Act
| parliament            = Parliament of the United Kingdom
| long_title            = An Act to make new provision in relation to powers of attorney and the delegation by trustees of their trusts, powers and discretions.
| year                  = 1971
| citation              = [[List of acts of the Parliament of the United Kingdom from 1971|1971]] c. 27
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 12 May 1971
| commencement          = 
| expiry_date           = 
| repeal_date           = 
| amends                = 
| replaces              = 
| amendments            = 
| repealing_legislation = 
| related_legislation   = 
| status                = amended
| legislation_history   = 
| theyworkforyou        = 
| millbankhansard       = 
| original_text         = https://www.legislation.gov.uk/ukpga/1971/27/contents/enacted
| revised_text          = 
| use_new_UK-LEG        = 
| UK-LEG_title          = Powers of Attorney Act 1971
| collapsed             = yes
}}
In English law, applying in England and Wales, anyone with capacity can grant a power of attorney. These can be general (i.e. to do anything which can legally be done by the donor in relation to their money or assets), or can relate to a specific act only (e.g. to sell freehold property), and are governed by the '''{{visible anchor|Powers of Attorney Act 1971}}''' (c. 27). An ordinary power of attorney is only valid for so long as the donor has the [[Mental capacity in England and Wales|mental capacity]] to ratify the attorney's actions.

There are also powers of attorney for trustees, governed by section 25 of the [[Trustee Act 1925]].

If the donor become incapacitated a normal power of attorney can no longer be used. To provide for such cases a [[lasting power of attorney]] must be created. This is a separate and quite different type of power, which must be in a prescribed form, signed and witnessed in a prescribed order, and registered with the [[Office of the Public Guardian (England and Wales)|Office of the Public Guardian]] (OPG).<ref name=opg>{{cite web | title=Make, register or end a lasting power of attorney | publisher=UK Government| date=15 December 2014<!--from page source-->| url=https://www.gov.uk/power-of-attorney}}</ref> This type of power of attorney was introduced in 2007 under the [[Mental Capacity Act 2005]]. It replaces the former [[enduring power of attorney]], although enduring powers correctly made before the law changed remain valid. Enduring powers were very different, as they only needed to be registered if the donor later lost capacity.

The OPG provides an online process for registering a lasting power of attorney.<ref>{{cite web|title=Make a lasting power of attorney|url=https://www.lastingpowerofattorney.service.gov.uk/home|website=Gov.UK|publisher=U.K. Government Digital Service|access-date=6 December 2017}}</ref>

Many of the provisions in American law, described in the sections above, use terminology having different meaning from both common British usage and from the terms used in the Mental Capacity Act 2005. Examples are 'enduring power of attorney', 'advance directive', and 'notary public': in English law, these terms do not have the same meaning as they have in America.

====Exceptional situations====
During the [[COVID-19 pandemic in the United Kingdom|coronavirus pandemic that started in 2019]], England and Wales permitted documents such as wills to be witnessed via video link; however, a power of attorney still had to be signed by hand by all persons involved, in the right order, and witnessed directly, although possibly through a window or outdoors.<ref>{{Cite web |title=Making and registering a Lasting Power of Attorney during the coronavirus outbreak |author= |website=UK Government |date=23 February 2022|url= https://www.gov.uk/guidance/making-and-registering-an-lpa-during-the-coronavirus-outbreak}} Original date 17 April 2020; updated many times (listed on page); guidance withdrawn on 30 March 2022.</ref>

===Ireland===
In [[Law of the Republic of Ireland|Irish law]] there are two types of power of attorney:
*Power of attorney, which may be general or specific, which ceases once the donor becomes mentally incapacitated.<ref name=citizensinformation-power-of-attorney>{{cite web|url=http://www.citizensinformation.ie/en/death/before_a_death/power_of_attorney.html|title=Power of Attorney|access-date=27 February 2017}} [[File:CC-BY icon.svg|50px]] This article contains quotations from this source, which is available under the [https://creativecommons.org/licenses/by/4.0/  Creative Commons Attribution 4.0 International (CC BY 4.0)] license.</ref> This type is virtually identical to an ordinary 1971 Act power of attorney in England and Wales.
*Enduring power of attorney, which takes effect once the donor is incapacitated<ref name=citizensinformation-power-of-attorney/>
The death of the donor ends both.<ref name=citizensinformation-power-of-attorney/>

The relevant legislation is the Powers of Attorney Act 1996 and the Enduring Powers of Attorney Regulations 1996 (SI No. 196/1996) as amended by [[Statutory Instrument|SI]] No. 287/1996.<ref name=citizensinformation-power-of-attorney/> Part 7 of the Assisted Decision-Making (Capacity) Act 2015 provides for new arrangements for those who wish to make an Enduring Power of Attorney and once the 2015 Act is brought into force, no new powers of attorney will be created under the 1996 Act.<ref name=citizensinformation-power-of-attorney/>

====Creating powers of attorney====
A solicitor is not required to create a Power of Attorney - it is created simply by being signed by the donor, in the presence of (and countersigned by) a witness.<ref name=citizensinformation-power-of-attorney/>

Creating an Enduring Power of Attorney requires the following:
*it must be in a particular format<ref name=citizensinformation-power-of-attorney/>
*a statement from a doctor stating that the doctor thought the donor had the mental capacity to understand the effect of creating the power of attorney when the document was executed<ref name=citizensinformation-power-of-attorney/>
*a statement from the donor to say that they understood the effect of creating the power<ref name=citizensinformation-power-of-attorney/>
*a statement from a solicitor to say they are satisfied that the donor understood the effect of creating the power of attorney<ref name=citizensinformation-power-of-attorney/>
*a statement from a solicitor to say the donor was not acting under undue influence<ref name=citizensinformation-power-of-attorney/>

The courts play a general supervisory role in the implementation of the power.<ref name=citizensinformation-power-of-attorney/>

===Russia===
Under Russian law, in article 185 of the [[Russian Civil Code]], a power of attorney can be created by being signed by the donor.<ref name="base.garant.ru">{{Cite web|url=http://base.garant.ru/10164072/d4bb907739651456e6c5c216f5dd7ee9/|title=Глава 9.1. ГК РФ Решения собраний (ст.ст. 181.1 - 181.5) &#124; ГАРАНТ|website=base.garant.ru}}</ref> Creation of the power of attorney must be witnessed, e.g. countersigned by a public notary. Notarial witnessing is mandatory if the power of attorney is made in order to enter into a contract to buy or sell an interest in land, as this has to be done on a public register.<ref>See Section 16 of Act 122 of 200З "On state registration of interests in immovable property and related transactions" (in Russian) [http://base.garant.ru/11901341/3/]</ref>

A power of attorney must also be dated, pursuant to article 186 of the Russian Civil Code.<ref name="base.garant.ru"/> Any POA without an express date of execution is void.

A power of attorney cannot be irrevocable. The grantor may terminate the POA at any time, at his or her sole discretion. Any waiver of this right is void, as provided by the Civil Code.

See ''[[:ru:Доверенность|Doverennost]]'' {{in lang|ru}}

===Scotland===
The law in Scotland is broadly similar to that of England and Wales.

Scottish practice differs from England in one respect. In Scotland, the Office of the Public Guardian offers eAttorney, the Electronic Power of Attorney (EPOAR) system, for the submission and payment of a power of attorney registration.<ref>{{cite web|title=How do I make a submission?|url=http://www.publicguardian-scotland.gov.uk/power-of-attorney/epoar/submitting-a-power-of-attorney|website=Office of the Public Guardian (Scotland)|access-date=6 December 2017}}</ref>