Nunavut POA Statutory Forms: Forms A Through E Explained

Nunavut's Powers of Attorney Regulations prescribe five official forms. Each one serves a specific purpose, and using the wrong form — or filling one out incorrectly — can leave you with a document that banks and institutions won't accept.

Form A: Springing Power of Attorney

Form A creates a power of attorney that stays dormant until a specific triggering event occurs. That event is usually a formal determination that the donor has lost mental capacity, but it can be any specified condition — a medical diagnosis, a period of absence, or any other contingency the donor defines.

When to use it: When you want to keep full control of your finances for now, but need a backup plan if you become incapable. The document sits in a drawer until the trigger fires.

The catch: Activation requires Form C (see below). If you didn't name specific declarants in your Form A, two medical professionals licensed in Nunavut must sign the declaration. Getting those signatures in a remote community can take weeks — exactly the time you don't have during a crisis.

Key sections: Attorney and alternate attorney names, triggering conditions, any restrictions on the attorney's authority, and the acceptance signature at the end (which the attorney must sign).

Form B: Enduring Power of Attorney

Form B creates a power of attorney that takes effect immediately upon valid signing and witnessing. The word "enduring" means it survives the donor's subsequent mental incapacity — unlike a standard power of attorney, which would terminate the moment you lose capacity.

When to use it: When you want your attorney to have authority right away, or when cognitive decline has already started and you need to act before capacity is fully lost. This is the most commonly used form in Nunavut.

The advantage over Form A: No activation step. Your attorney can walk into a bank the day after signing and start managing your finances. There's no waiting for Form C declarations or medical assessments.

Key sections: Same structure as Form A — attorney identification, scope of authority, restrictions, witness certification, and the attorney's acceptance.

Form C: Declaration

Form C is the activation document for a Springing Power of Attorney (Form A). It's a written declaration confirming that the triggering condition has been met — typically that the donor has lost mental capacity.

Who signs it: Either the specific "declarants" named in the Form A document, or two prescribed medical professionals. Under the Powers of Attorney Regulations, those professionals must be registered medical practitioners or psychologists licensed in Nunavut. If you need to use out-of-territory professionals — common when a patient has been evacuated to Ottawa or Winnipeg — you need prior written approval from the Nunavut Public Trustee.

How it works: Once Form C is completed and signed, you attach it to the Form A document and present the package to banks, registries, and other institutions. The Form A is now "activated" and the attorney's authority begins.

Form D: Revocation

Form D formally terminates an existing power of attorney. The donor must still have mental capacity to sign a revocation — if capacity is already gone, the only remedy is a court application to remove the attorney.

Requirements: Sign Form D in the presence of an eligible witness (same rules as for signing Form A or B). Then deliver copies to the attorney, every institution where the POA was previously submitted, and the Land Titles Office if the POA was registered against real property.

Critical point: Form D must be physically delivered to the attorney and all relevant institutions. Until they receive it, they may continue honouring the original power of attorney in good faith.

Form E: Renunciation

Form E works in the opposite direction from Form D — it's how the attorney formally resigns from the role, rather than how the donor cancels the document. One important limit: once the donor has lost mental capacity, an enduring attorney cannot simply resign with Form E — they must first obtain formal permission from the Nunavut Court of Justice.

What the Forms Don't Cover

All five forms deal exclusively with financial and property matters. Nunavut has no statutory forms for healthcare powers of attorney because the territory has no healthcare POA legislation. For medical decision-making, you need a separate common-law Personal Directive — an entirely different document that operates outside the Powers of Attorney Act.

The Nunavut Power of Attorney Kit includes annotated versions of the statutory forms alongside the Personal Directive template, with section-by-section instructions that explain exactly what goes where.

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