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Koroll & Company Blog

Snowbirds - Is Your Power of Attorney Valid When You Travel?

[fa icon="calendar"] Nov 8, 2019 11:00:00 AM / by Allen Koroll

Snowbirds heading to the US this winter

It’s that time of year again when the snowbirds take off and head down south for warmer days and sunshine.

If you are a long-time snowbird, then you are well versed in preparing for the worst and expecting the best, taking time to plan ahead, arranging health insurance, preparing your house for the months that you will be away and so much more.

One often-overlooked planning step, however, is planning for the event that something goes wrong while you are away, and you become unable to make the decisions you need to.

That is why, before taking off this year, you need to consider your Power of Attorney (POA). And not just whether or not you have one (hopefully you already do), but whether your Power of Attorney complies with the legal requirements of the jurisdiction where you will be travelling, which can differ consequently from those in Ontario.

Let’s take a look at Florida vs. Ontario as an example.

In Ontario, a POA is signed by the grantor and two witnesses, all of which must be in the presence of each other.

In Florida, the POA must be signed by these three individuals as well as a notary public.

In this example, if, you fail to meet the requirements of both jurisdictions, and do become incapacitated while wintering in Florida, your family may have to go to court to have a guardian appointed or endure processes to validate the POA in Florida. These would be costly, time-consuming and stressful.

By ensuring you have a POA in place in both jurisdictions you can feel confident knowing that your chosen guardian will be managing payment, making medical decisions and ensuring that treatments are in accordance with your beliefs if something were to stop you from making these decisions yourself.

In addition, when you are at your Ontario home and become unable to make decisions, having a proper POA in place in the jurisdiction of your vacation home will ensure that your family is able to manage the day-to-day responsibilities of running it, while also giving them the option to sell the property if it becomes prudent.

If you are a snowbird, or an Ontario resident that spends a significant time out of the country at any time of year, or has significant assets in an alternate jurisdiction, it is critical for you to plan ahead and ensure your POA will be equipped to fulfil the responsibilities you have put in front of them.

For more information on a POA and incapacity planning on an international level, please contact us today.


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The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.



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Topics: Tax Deductions

Allen Koroll

Written by Allen Koroll