Ontario Barrister and Solicitor Practice Exam

When does a continuing power of attorney become effective?

1. Upon signing

2. After incapacity of the grantor

3. Depending on the terms outlined in the document

4. When a doctor certifies incapacity

The correct answer is: Depending on the terms outlined in the document

A continuing power of attorney becomes effective based on the terms outlined in the document. This means that the exact timing of when it becomes effective can vary depending on what is specified in the document. Options A and B are incorrect because they give a specific event or condition that triggers the power of attorney to become effective. Option A states that it becomes effective upon signing, which is not always the case. Option B states it becomes effective after the incapacity of the grantor, which may not align with the terms outlined in the document. Option D is incorrect because it suggests that the power of attorney only becomes effective when a doctor certifies incapacity, which may not always be the case. Therefore, option C is the best answer as it allows for the possibility of different triggering events specified in the document.