Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 180 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 local authority 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.313 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.314 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.315 The local authority should be satisfied that the scope of the power of attorney is sufficient to authorize the attorney to access the information being requested. Subsection 49(d) Exercise of rights by other persons 49 Any right or power conferred on an individual by this Act may be exercised: … (d) where the individual is less than 18 years of age, by the individual’s legal custodian in situations where, in the opinion of the head, the exercise of the right or power would not constitute an unreasonable invasion of the privacy of the individual; or 313 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, at p. 37. 314 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. 315 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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