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Certificate Of Fiduciary Authority
"I need a Certificate of Fiduciary Authority to be appointed as financial and healthcare decision-maker for my elderly parent, covering management of their real estate properties in Ontario and investment portfolio, with authority to begin March 1, 2025."
1. Title and Date: Formal title of the document and date of execution
2. Parties Identification: Full legal names and addresses of the fiduciary and the person/entity granting the authority
3. Appointment Declaration: Clear statement appointing the named individual as fiduciary and the basis for their authority
4. Scope of Authority: Detailed description of the powers and responsibilities granted to the fiduciary
5. Duration of Authority: Specification of when the authority begins and ends, including any conditions
6. Fiduciary Duties and Obligations: Outline of the legal duties and responsibilities of the fiduciary
7. Liability and Indemnification: Terms regarding the fiduciary's liability and any indemnification provisions
8. Governing Law: Statement that the certificate is governed by the laws of Canada and the relevant province
9. Execution: Signature blocks for all required parties and witnesses
1. Successor Fiduciary Provisions: Provisions for appointing a successor fiduciary if the original fiduciary cannot serve
2. Compensation: Terms regarding any compensation to be paid to the fiduciary for their services
3. Reporting Requirements: Specific requirements for the fiduciary to report on their activities
4. Co-Fiduciary Provisions: Terms governing the appointment and authority of co-fiduciaries if applicable
5. Dispute Resolution: Procedures for resolving any disputes that may arise regarding the fiduciary's authority
6. Special Powers: Additional specific powers granted for unique circumstances or assets
7. Revocation Terms: Specific conditions under which the authority can be revoked
1. Schedule A - Assets and Properties: Detailed list of assets and properties over which the fiduciary has authority
2. Schedule B - Specific Powers: Detailed enumeration of specific powers granted to the fiduciary
3. Schedule C - Supporting Documentation: Copies of relevant legal documents supporting the fiduciary appointment
4. Schedule D - Medical Certificate: If applicable, medical documentation supporting the need for fiduciary appointment
5. Appendix 1 - Acceptance of Appointment: Formal acceptance of the appointment by the fiduciary
6. Appendix 2 - Witness Attestation: Formal attestation by witnesses to the execution of the certificate
Authors
Financial Services
Banking
Legal Services
Healthcare
Estate Planning
Trust Services
Insurance
Investment Management
Real Estate
Elder Care
Corporate Services
Public Administration
Legal
Compliance
Wealth Management
Trust Administration
Estate Planning
Risk Management
Corporate Governance
Private Client Services
Financial Advisory
Document Management
Trust Officer
Estate Planning Attorney
Wealth Manager
Financial Advisor
Corporate Trustee
Legal Counsel
Compliance Officer
Risk Manager
Estate Administrator
Trust Administrator
Private Client Manager
Probate Specialist
Elder Law Attorney
Corporate Secretary
Banking Officer
Power of Attorney Agent
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