cover image: Reform of the Homesteads Act, 1989

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Reform of the Homesteads Act, 1989

3 Aug 2016

What would be removed is having a disinterested third party evaluate the situation at the time of the disposition of the property to determine whether the disposition is in the best interest of the non-owning spouse. [...] As noted in the background, the consent provision is central to the Homesteads Act, and the legislature strengthened it to ensure that the non-owning spouse’s position is not usurped through the additions of the legal personhood provision in 1917 and the power of attorney provision in 1989. [...] While subsections 21(3) and (4) of the Powers of Attorney Act limit the liability of the attorney to the grantor in certain circumstances, acting in violation of section 15 is not included.36 36 Subsections 21(3) and (4) of the Powers of Attorney Act provide as follows: (3) The attorney is not liable to the grantor, or to the estate of the grantor, for an action taken under a power of attorney if: [...] Section 23 of Manitoba’s Homesteads Act allows an attorney to sign in the place of a non-owning spouse but only in limited circumstances: 1. The power of attorney must expressly authorize the attorney to execute a consent or release under the Homesteads Act; 2. The attorney appointed under the power of attorney cannot be the owning spouse; 3. When executing the power of attorney, the non-owning sp [...] Our aim is simply to ensure the survivor’s place of residence.65 If protection of the financial value of the home and land is also an important purpose of the Homesteads Act, perhaps the Act should protect the rights of the non-owning spouse respecting the mines and minerals that exist within a home quarter.
government common law ethics government information guardianship marriage contract legal capacity power of attorney consent ethical principles fiduciary capacity (law) powers of attorney guardian dower breach of fiduciary duty homestead acts notary public
ISBN
9780921923329 9780921923336
Pages
31
Published in
Regina, SK, CA

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