Proof of representation

If you are a Personal Representative submitting a Claim for a Person Under Disability, you will need to provide (along with your Claim Form and identification) a copy of one of the following documents as proof that you have been legally appointed to represent the Claimant:

An enduring Power of Attorney: A Power of Attorney is a legal document, generally prepared by a legal professional, that grants you the authority to make financial and legal decisions on behalf of the Claimant. Only an “enduring” or “continuing” Power of Attorney stays in effect if the person who signed it loses the ability to make reasonable decisions about their property or finances. Personal Representatives must ensure they have an “enduring” Power of Attorney that was signed by the Claimant while they were still able to make financial and legal decisions.  If you do not have an enduring Power of Attorney signed by the person you are representing, you will need to provide different proof of representation. This is because a Person Under Disability cannot grant another person the authority to act on their behalf. In these cases, the Personal Representative must have an Appointment Order as proof of representation.

Note: A Power of Attorney for Personal Care, which is for health care decisions, will not be accepted as supporting documentation for a Personal Representative.

A Protection Mandate: Similar to an enduring Power of Attorney, a Protection Mandate is a legal document that allows a person to appoint someone else to make decisions on their behalf should they become incapable of doing so. A Protection Mandate can only be signed by a person who can make financial and legal decisions. It stays in force if the person loses capacity to make decisions about their property or finances. Protection Mandates are used mainly in Québec and must be either notarized or approved by the provincial court. Because a Person Under Disability cannot grant another person the authority to act on their behalf, you must get an Appointment Order to act as a Personal Representative if you don’t already have a Protection Mandate.

Appointment Order: An Appointment Order is a provincial or territorial court order that appoints someone to act on behalf of an individual who lacks the capacity to manage or make reasonable decisions about their legal and financial affairs. It may also be called “adult guardianship,” “substitute decision-maker,” or a “committeeship” in different regions. Before an Appointment Order can be issued, a medical professional must assess the Person Under Disability to confirm that they are not capable of managing their financial and legal affairs. In most provinces and territories, the Office of the Public Guardian and/or Trustee can help you learn how to get an Appointment Order.

For more information about how Appointment Orders work in your province or territory, contact your local Office of the Public Guardian and Trustee:

• Alberta – Adult guardianship  
• British Columbia – Introduction to adult guardianship in B.C. 
• Manitoba – Substitute Decision Maker 
• New Brunswick – Public Trustee Services 
• Newfoundland and Labrador – Office of the Public Trustee 
• Nova Scotia – Adult Capacity and Decision-making
• Northwest Territories – Public Trustee Office
• Nunavut – Public Trustee and Guardian
• Ontario – Guardianship for mentally incapable adults
• Prince Edward Island – Public Trustee, Public and Official Guardian
• Québec – Curateur public du Québec
• Saskatchewan – Applying for Adult Guardianship | Guardianship and Co-decision-making for Dependent Adults
• Yukon – Applying for adult guardianship

Administrator for Property: For First Nations persons living on reserve who are unable to manage their finances, the Government of Canada through Indigenous Services Canada (ISC) or Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), appoints an Administrator for Property. This is usually a family member who is authorized by ISC or CIRNAC to take care of the finances and property of a person who lacks the capacity to do so. This applies to First Nations individuals who are:

• • Registered or entitled to be registered under the Indian Act
  • Named on a First Nation membership list or could be added to a First Nation membership list

To be appointed as an Administrator for Property for a Person Under Disability who lives on reserve, contact ISC by calling your local ISC Regional Office or emailing estates-successions@sac-isc.gc.ca. To learn more, go to the Minors and dependent adults who live on reserve section of ISC’s Estate Services for First Nations website.

A will: A will is a document that sets out how the deceased person wanted their assets distributed after death. In most cases, the deceased person names an Executor in their will. Wills must be signed by the deceased person and two witnesses. In some provinces/territories, a will must also be notarized. If you are providing a copy of the Deceased Claimant’s will as your Grant of Authority, the will must name you as the Executor.

A Grant of Administration: This is a legal document issued by the Government of Canada through Indigenous Services Canada (ISC)/Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), and before 2017 by Indigenous and Northern Affairs Canada (INAC). It appoints someone to act as the Estate Administrator for a deceased First Nations person who lived on reserve for most of the year. If you need a Grant of Administration for a Deceased Claimant’s estate, call your local ISC Regional Office, email estates-successions@sac-isc.gc.ca, or learn more from ISC:

• Estate Services for First Nations
• Administering an Indian Act Estate: General Information for Administrators

Learn more about proof of relationship →

A Grant of Probate: If the deceased person lived off reserve for most of the year and their estate includes a house or land, bank or trust accounts, insurance policies, or other valuable assets, the estate was probably probated. This is a process where the provincial or territorial court reviews the person’s will, along with a list of their property, assets, and debts. A provincial or territorial court order called Grant of Probate is then issued, showing that the court has confirmed you as the Executor or appointed you as the Administrator for the deceased person’s estate.  Each province and territory has its own rules for probate. If you are not sure whether the estate of the deceased person you represent was probated or if you need a copy of the Grant of Probate, find out more from the provincial or territorial government where the Deceased Claimant lived.

• Alberta – Deceased persons’ estates 
• British Columbia – Probating a Will 
• Manitoba – Probate Division – Manitoba Courts
• New Brunswick – About Probate
• Newfoundland and Labrador – Probate and Administration of Estates 
• Nova Scotia – About Probate Court
• Northwest Territories – Estate administration
• Nunavut – Probate 
• Ontario – Apply for probate of an estate 
• Prince Edward Island – Probate Act | Executors and Administrators 
• Québec – Probating the will 
• Saskatchewan – Application for Probate 
• Yukon – Learn about wills and estates 

Note: If there is no Grant of Authority for the Deceased Claimant’s estate and you are submitting a Claim as a family member (heir), you will need to provide information and documentation showing proof of your relationship (how you were related) to the Claimant.

Learn more about proof of relationship →