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Affidavit Of Support And Consent And Special Power Of Attorney Template for Canada

This is a dual-purpose legal document used in Canadian jurisdictions that combines an affidavit of support and consent with a special power of attorney. It serves as both a sworn statement declaring financial or emotional support commitments and a legal instrument granting specific powers to an appointed representative. The document must comply with provincial requirements for powers of attorney and federal standards for affidavits, particularly when used for immigration purposes. It requires proper execution before a notary public or commissioner of oaths and may need to address specific provincial legal requirements depending on the jurisdiction where it will be used.

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What is a Affidavit Of Support And Consent And Special Power Of Attorney?

The Affidavit Of Support And Consent And Special Power Of Attorney is a versatile legal instrument commonly used in Canadian jurisdictions for various purposes, including immigration sponsorship, family arrangements, and delegation of legal authority. This document is particularly valuable when an individual needs to both declare their support/consent and grant specific powers to another person, such as in cases of immigration applications, consent for minor children, or management of personal affairs. It must be executed in accordance with provincial power of attorney legislation and federal requirements for affidavits, typically requiring notarization or commissioning. The document is frequently used in situations where the grantor needs to provide formal support commitments while also authorizing another person to act on their behalf, especially when dealing with government authorities or financial institutions.

What sections should be included in a Affidavit Of Support And Consent And Special Power Of Attorney?

1. Opening Declaration: Formal opening stating the deponent's name, address, occupation, and declaration of truth

2. Identification of Parties: Details of the affiant/grantor and the attorney-in-fact/grantee

3. Background and Purpose: Context explaining why the affidavit and power of attorney are being created

4. Definitions: Key terms used throughout the document

5. Statement of Support: Declaration of financial and/or emotional support commitment

6. Statement of Consent: Express consent for specific actions or purposes

7. Grant of Authority: Specific powers being granted to the attorney-in-fact

8. Duration of Authority: Time period for which the power of attorney remains valid

9. Governing Law: Specification of applicable Canadian jurisdiction

10. Attestation: Final sworn statement confirming the truth of the contents

11. Execution: Signature block with notary/commissioner details and seal

What sections are optional to include in a Affidavit Of Support And Consent And Special Power Of Attorney?

1. Child-Related Provisions: Used when the affidavit involves consent for minor children

2. Financial Commitments: Detailed section about specific financial support obligations

3. Immigration Purposes: Special provisions when document is used for immigration applications

4. Medical Authorization: Used when medical decision-making power is being granted

5. Property Matters: Used when authority over real or personal property is being granted

6. Revocation of Prior Powers: Used when revoking previous powers of attorney

7. Alternate Attorney Designation: Used when naming backup attorneys-in-fact

What schedules should be included in a Affidavit Of Support And Consent And Special Power Of Attorney?

1. Schedule A - Identification Documents: Copies of government-issued ID for all parties

2. Schedule B - Financial Statement: Details of financial resources when relevant to support commitments

3. Schedule C - Supporting Documentation: Any additional documents referenced in the affidavit

4. Schedule D - Consent Forms: Additional specific consent forms if required by authorities

5. Appendix 1 - Witness Statements: Additional declarations from witnesses if required

6. Appendix 2 - Translator's Declaration: Required when document is translated from/to other languages

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Power of Attorney

Cost

Free to use

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