Expiration of continuing power of attorney
A power of attorney can cease to be valid before it enters into force and after it enters into force. The power of attorney will enter into force after the guardianship authority has confirmed it. A power of attorney ceases to be valid before it enters into force if the donor cancels it. After entry into force, the power of attorney shall cease, for example, if:
- the donor cancels the power of attorney
- the donor or the donee dies
- the donee resigns from the task
- a guardian is appointed to the donor.
When a confirmed power of attorney ceases to be valid, the donee must submit a final statement on the management of their duties and surrender the power of attorney document and the property in the donee’s possession to the donor or another person with the right to possession the property. Other persons entitled to possession of the property may include, for example, a guardian appointed to the donor, a secondary donee or a stakeholder in the donor's estate. The recipient of the final statement has the right to request to see the bank statements, receipts and other documents related to the performance of the donee’s duties. A final statement does not need to be submitted if the power of attorney states that it is not required. A final statement is never submitted to the guardianship authority.