See Witnessing rules for the rules governing the witnessing of those powers of attorney that do not continue after mental incompetence.
The rules governing the witnessing of enduring powers of attorney are:
Manitoba enduring powers of attorney
Where a power of attorney signed in Manitoba provides that it is to continue despite the mental incompetence of the donor and was executed subsequent to April 7, 1997, the witness to the signature of the donor must be one of the parties provided for in The Powers of Attorney Act.
See section 11(1), The Powers of Attorney Act
If the witness is a lawyer and they provide their name, position and address no affidavit of witness is required. In all other cases an affidavit of witness is required.
Foreign enduring powers of attorney
Enduring powers of attorney executed outside of Manitoba are only acceptable for registration in Manitoba if they are valid according to the laws of the jurisdiction in which they were executed. The rules governing the witnessing of enduring powers of attorney in The Powers of Attorney Act do not apply to enduring powers of attorney executed outside of Manitoba.
See section 25, The Powers of Attorney Act
In order to accept a foreign enduring power of attorney (one executed outside of the Province of Manitoba), the district registrar must be provided with proof that the document is valid in the jurisdiction in which it was executed. This proof should come in the form of a letter from a lawyer entitled to practice in that foreign jurisdiction. This letter must:
a. Be signed by the lawyer personally;
b. Contain sufficient information to identify the power of attorney in question (i.e. the name of the donor, the name of the attorney, the date of execution, and the location of execution); and
c. State that the document is a valid enduring power of attorney according to the laws of that jurisdiction and would be legally valid to convey/mortgage (as appropriate) land.
This letter can come from a Manitoba lawyer where the Manitoba lawyer states that he or she is familiar with the applicable laws of that foreign jurisdiction.
Ontario enduring powers of attorney
The district registrar is aware that for an enduring power of attorney to be valid in Ontario, it must be witnessed by two persons.