Saskatchewan Power of Attorney Act

The Two Statutes That Govern Substitute Decision-Making

Saskatchewan splits substitute decision-making across two separate laws. The Powers of Attorney Act, 2002 controls property and financial decisions — bank accounts, real estate, investments, business assets — and personal-care decisions such as housing and daily living. The Health Care Directives and Substitute Health Care Decision Makers Act, 2015 (in force February 15, 2017) controls medical and treatment decisions.

This means a property attorney in Saskatchewan has no authority over healthcare, and a health care directive has no authority over finances. Families need both documents to cover the full range of decisions that arise during incapacity.

What the 2015 Amendments Changed

The original 2002 Act established the basic framework for enduring powers of attorney. The amendments that took effect January 1, 2015 added teeth — specifically aimed at preventing elder financial abuse and increasing transparency in how attorneys manage someone else's money.

Gifting restrictions. If the power of attorney document is silent on gifts, the attorney can give away a maximum of $1,000 total per calendar year to third parties (and only if the funds are not needed for the grantor, spouse, or dependants and the attorney has reasonable grounds to believe the grantor would have made the gift). Self-gifting is prohibited without a court order — language in the document is not enough. Unused amounts don't roll over — the cap resets every December 31.

Fee caps. For property management, the default maximum is 2.5% of gross monthly income collected plus 2.5% of gross monthly expenses paid. For personal care, the cap is $15 per hour. The document itself can set different rates, but if it's silent, these statutory defaults apply.

Mandatory accounting. Property attorneys who charge fees must provide an annual accounting on Form H (personal attorneys use Form I) to the grantor, or — if the grantor lacks capacity — to the person named in the document, or if no one is named, to the most immediate available adult family member and the Public Guardian and Trustee. A final accounting (Form K for property, Form L for personal) is due within six months of the attorney's authority ending — whether through the grantor's death, revocation, or court order.

Strengthened PGT oversight. The amendments gave the Public Guardian and Trustee explicit authority to investigate complaints, demand accountings, and freeze a vulnerable adult's accounts for up to 30 days without a court order.

The Three Form Types

The Act provides statutory templates for three types of enduring power of attorney:

Form A — Personal Care Only. Covers decisions about housing, clothing, nutrition, social activities, and daily living. Does not cover healthcare (that's the separate health care directive) or finances.

Form B — Property Only. Covers bank accounts, investments, real estate, business assets, tax filings, and financial obligations. This is the most commonly used form.

Form C — Combined Personal Care and Property. Merges both Form A and Form B into a single document. Convenient for families who want one attorney handling everything non-medical.

Witnessing Requirements Under the Act

The Act is strict about how the document gets signed. Two valid paths exist:

One licensed Saskatchewan lawyer witnesses the signing. If the meeting is virtual (permitted since the Law Society issued Practice Directive Number 1), the lawyer must use real-time audio-visual technology and complete Form PD1. Counterpart signing is not allowed — all parties must sign the same physical paper document.

Two independent competent adults witness the signing in person. Neither witness can be the appointed attorney, the attorney's spouse, or a family member of the grantor or the attorney. Both witnesses must complete Form E (Non-lawyer Witness Certificate).

In both cases, only wet-ink signatures are valid. Saskatchewan does not recognize digital or electronic signatures for powers of attorney.

Attorney Eligibility Rules

The Act sets minimum requirements for anyone serving as a property attorney: at least 18 years old, mentally competent, not an undischarged bankrupt, and no convictions within the past 10 years for crimes involving violence, theft, fraud, intimidation, or breach of trust. The last requirement can be waived only if the grantor provides written, informed consent after being told about the conviction, or if the attorney received a pardon.

How the Act Interacts With Other Saskatchewan Laws

The Homesteads Act, 1989 creates a significant restriction. If the grantor's spouse lacks capacity, the attorney cannot use the power of attorney to sign spousal consent for selling or mortgaging the family home. The family must apply to the Court of King's Bench under Section 11 for an order dispensing with that consent — an expensive and time-consuming process.

The Adult Guardianship and Co-decision-making Act provides the fallback when no power of attorney exists. Guardianship applications go through the Court of King's Bench and require two independent capacity assessments, a financial bond (waivable only for estates under $10,000), and a formal hearing.

For the complete process of creating a valid enduring power of attorney under the Act — including the witnessing forms, accounting templates, and the specific clauses that banks and the ISC Land Titles Registry require — the Saskatchewan Power of Attorney Kit covers everything in one package.

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