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===Capacity of the grantor=== {{Main article|Capacity (law)}} A person, known as the grantor or donor in different jurisdictions, can only create a power of attorney if they have the requisite mental capacity. In some powers of attorney the grantor states that they wish the document to remain in effect even after they become incapacitated, creating a [[#Durable|durable or lasting power of attorney]]. If someone is already incapacitated, it is not possible for that person to execute a valid power, although in some jurisdictions, it may be possible for someone to have the capacity to execute a power of attorney even if they do not have the capacity to make the decisions that they are delegating.<ref>See, for instance, the Ontario ''Substitute Decisions Act'' ({{cite web |title=S.O. 1992, c. 30|url=https://www.ontario.ca/laws/statute/92s30#BK11 |publisher=e-Laws Ontario |access-date=9 December 2018|date=2014-07-24 }})</ref> If a person without a durable power in place does not have the capacity to execute a power of attorney, the only way for another party to act on their behalf may be to have a court impose a [[conservatorship]] or a [[guardianship]].
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