Residential Real Estate RECA Terms

General Power of Attorney - Answer--No limits on powers to make decisions about donors financial and legal affairs -The one exception is decisions about the donors personal affairs such as consenting to health care or deciding where the donor should reside Special Power of Attorney - Answer--Has specific of limited powers in regards to the donor -Also referred to as a Limited Power of Attorney Immediate Power of Attorney - Answer--Makes financial and legal decisions on behalf of the donor as soon as the Power of Attorney is signed, dated, and witnessed. -This type of POA terminates upon the donor's loss of mental capacity, or death. Enduring Power of Attorney - Answer--Makes financial and legal decisions on behalf of the donor upon the following: 1- Immediately upon it being dated, signed, and witnessed, and continues if the donor becomes incapable of his/her financial and legal affairs 2- When the donor becomes mentally incapacitated 3- When some other event specified by the donor occurs, sometimes referred to as a Springing POA. *In order for the POA to be enduring, it must state whether it is to take effect immediately and continue upon the mental incapacity or some other event stated by the donor. If it does not include such a statement, it is NOT an Enduring POA and terminates upon the donor becoming mentally incapacitated. Development Permits - Answer--Authorizes the location, size, and use of a building and are issued by municipalities based on the proposed development conforming to the municipal land use bylaws for that area -Permit must be obtained by builder before any residential development of any land may occur Building Permits - Answer--Required for the construction of new buildings Occupancy Permits - Answer--Part of the new residential construction process -If the inspector finds that the building meets the building and safety code requirements, the residence is approved for occupation.