Complex Legislation:
Manitoba has more complex legislation for EPOA documents than other provinces. If you have a spouse, you need to include a document related to the Homesteads Act with your EPOA. This document requires:
- A lawyer's signature.
- An affidavit of execution.
Recommendation:
Given the restrictions on witnessing the EPOA and the requirement for lawyer signatures on supplementary documents, we recommend that you have a lawyer complete all signatures simultaneously.
Witnessing Your EPOA
If you want someone else to witness your EPOA, they must fit one of the descriptions listed below. Note that a lawyer is still required for the Homesteads Act and the affidavit of execution.
Eligible Witnesses for EPOA
According to The Powers of Attorney Act, a witness must be one of the following:
1. Individuals Registered to Solemnize Marriages: Registered or qualified to be registered under section 3 of The Marriage Act.
2. Superior Court Judge: A judge of a superior court of the province.
3. Justice of the Peace or Provincial Judge: A justice of the peace or a provincial judge.
4. Duly Qualified Medical Practitioner: A licensed medical doctor.
5. Notary Public: Appointed for the province.
6. Lawyer: Entitled to practice in the province.
7. Royal Canadian Mounted Police Member: A member of the RCMP.
8. Police Officer: With a police service established or continued under The Police Services Act.
Summary
For your Manitoba EPOA, ensure that the witnessing requirements are met and that you see a lawyer for the necessary signatures and affidavits, especially if the Homesteads Act is applicable.