The Certificate of Fiduciary Authority is a crucial legal instrument used in Canadian jurisdictions when one party needs to formally grant decision-making authority to another. This document is commonly required in situations involving estate management, incapacity planning, trust administration, or business succession. The certificate provides detailed documentation of the fiduciary's powers, responsibilities, and limitations, serving as evidence of authority for third parties such as banks, government agencies, and healthcare providers. It must be drafted in compliance with Canadian federal laws and provincial regulations, particularly those governing trusts, powers of attorney, and fiduciary duties. The document typically includes comprehensive information about both the grantor and the fiduciary, specific powers granted, duration of authority, and any conditions or restrictions on the exercise of those powers.
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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
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