Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 167 Lawyers usually draft a power of attorney. However, there are also forms that can be completed by both the grantor and the attorney without the use of a lawyer.278 A grantor can appoint more than one attorney and give each specific powers or state that they are to act separately, together or successively when dealing with his or her affairs. The applicant can provide a copy of the power of attorney. The government institution should verify the identity of the person exercising the power of attorney. It may also be necessary to verify that the grantor is alive. The death of a grantor normally revokes the power of attorney.279 In addition, a power of attorney may be enduring and either comes into effect immediately or on a specified future date or on the occurrence of a specified event, such as when the grantor becomes mentally incapable.280 2. Proof that disclosure of the requested information relates to the powers and duties of the power of attorney. A grantor may appoint a personal attorney, a property attorney or both a personal and property attorney. A power of attorney may be general, covering all of the grantor’s personal affairs (in the case of a personal attorney), all of the grantor’s property affairs (in the case of a property attorney) or all of the grantor’s personal and property affairs (in the case of a personal and property attorney). It can also be specific, limiting the attorney’s authority to a specific purpose, such as the sale of a property on the grantor’s behalf.281 The government institution should be satisfied that the scope of the power of attorney is sufficient to authorize the attorney to access the information being requested. 278 Government of Saskatchewan, Powers of Attorney for Adults, www.saskatchewan.ca/residents/justice-crime-and-the-law/power-of-attorney-guardianship-andtrusts/powers-of-attorney-for-adults. 279 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, at p. 37. 280 Government of Saskatchewan, Powers of Attorney for Adults, www.saskatchewan.ca/residents/justice-crime-and-the-law/power-of-attorney-guardianship-andtrusts/powers-of-attorney-for-adults. 281 Government of Saskatchewan, Powers of Attorney for Adults, www.saskatchewan.ca/residents/justice-crime-and-the-law/power-of-attorney-guardianship-andtrusts/powers-of-attorney-for-adults.
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