s.113Power of attorney
113
Section 113Part 6 — Instruments and Agents

Power of attorney

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Upon the application of the donor or the donee of a power of attorney which contains any power to dispose of any interest in land, such power of attorney shall be entered in the register of powers of attorney and the original or, with the consent of the Registrar, a copy thereof certified by the Registrar shall be filed in the file of powers of attorney.
Every such power of attorney shall be in the prescribed form or such other form as the Registrar may, in any particular case, approve and shall be executed and verified in accordance with sections 106 and 107.
The donor of a power of attorney filed in accordance with subsection (1) may, at any time, give notice to the Registrar in the prescribed form that the power has been revoked and thereupon the revocation shall be entered in the register of powers of attorney and noted upon the power and the notice shall be filed in the file of powers of attorney.
Any interested person may give notice in writing to the Registrar that a power of attorney which has been revoked by the death, bankruptcy or disability of the donor or the death or disability of the donee, accompanied by such evidence as the Registrar requires, and thereupon the revocation shall be entered in the register of powers of attorney and noted upon the power, and the notice shall be filed in the file of powers of attorney.
Subsections (3) and (4) do not apply to a power of attorney given for valuable consideration during any time which it is, by virtue of the terms thereof, irrevocable.
If, owing to the length of time since the execution of a power of attorney or for any other reason, the Registrar considers it desirable, he may require evidence that the power has not been revoked, and may refuse to register any disposition by the donee of the power of attorney until satisfactory evidence is produced.
The Powers of Attorney Law (1996 Revision) has no application to powers of attorney made under this section.

Defined Terms

power of attorneydonordoneerevocationirrevocable

Cross References