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Declaration relating to a power of attorney: when is it needed and how does it work?

A power of attorney lets one person act on behalf of another for a specific matter. When a third party doubts its existence, its scope or the identity of the person who granted it, it may require a sworn declaration to support the process.

This declaration is not the power of attorney itself and does not replace it: it confirms facts related to it, at a third party's request.

In what situations is it requested?

  • a banking or real estate transaction carried out by an attorney;
  • an organization that wants to confirm the power of attorney is still in force;
  • a process abroad where the Québec power of attorney must be supported;
  • a grantor outside the country who delegates a task to a relative.

What should the declaration contain?

  • the identity of the grantor and of the attorney;
  • the nature and scope of the powers granted;
  • confirmation that the power of attorney has not been revoked;
  • a statement of truthfulness.

Power of attorney or protection mandate: what's the difference?

A power of attorney generally covers a specific matter and ceases to have effect when the person becomes incapacitated. A protection mandate, on the other hand, is designed for when a person can no longer take care of themselves or their property. If your situation falls under the latter, see our article on the protection mandate.

Declaration for a protection mandate

Can it be sworn online?

Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.

Online oath commissioning in Québec: how does it work?

Assermentation Express

Assermentation Express is not a notary or a legal adviser and does not draft powers of attorney. This service is limited to receiving the oath or solemn affirmation on a document already prepared.

Do you need a declaration relating to a power of attorney sworn? Check availability and book your appointment online.

Book my appointment

Sources and references

← Assermentation Express
Declaration — power of attorney