As of january 1, 2015, the province of saskatchewan made changes to the Powers of Attorney Act, 2002, which provide for greater clarity, and protection for those who are unable to manage their financial affairs. the changes that were recently made are as follows:

• the attorney may make a gift out of the estate of the grantor where the power of attorney document allows for it, or if the attorney has reasonable grounds to believe that the grantor would have made the gift themselves.  under the current regulations, the total value of gifts in a year cannot exceed $1,000, and attorneys may not make.gifts to themselves without the permission of the Court.
• The ability of the attorney to charge a fee for service is now restricted to situations where the fee is set out in the Power of Attorney, the court has made an order setting a fee for service, or where there is a prescribed fee schedule for the service.
• There is now a prescribed form for the accounting to be rendered by the attorney.
• The Public Guardian and Trustee of Saskatchewan may now carry out investigations to ensure that an accounting is accurate.
• There is now a requirement of the attorney to provide a final accounting to the Public Guardian and Trustee of Saskatchewan, as well as a person designated by the Act.

The changes that have been made are relatively minor in nature, but serve to protect the persons who have appointed an attorney, but are no longer able to make decisions on their own. About the author: Ryan is an associate in the Regina office where he practices residential and commercial real estate transactions, wills and estate planning, and debtor-creditor issues. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.