Executing Homesteads Act consents, release, etc.
Specific authority required
Absent specific authorization, an attorney cannot execute a consent to a disposition, a consent to a change of homestead or a release of homestead.
See section 23(1), The Homesteads Act
In addition, for those powers to be effective, Form 9 under The Homesteads Act (Acknowledgement by Spouse or Common-law Partner for Power of Attorney) must be executed and attached to the power of attorney.
See sections 23(3) and 23(4), The Homesteads Act
Form 9 can be found here: http://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=121/93
Spouse cannot execute Homesteads Act consents, release, etc.
Under no circumstances can an attorney execute a consent, a release, a consent to terminate a release or a discharge of homestead notice as attorney for his or her spouse or common law partner. Furthermore, where the attorney is prohibited from acting, they cannot appoint a substitute attorney to act on their behalf to carry out the prohibited action.
See section 23(2), The Homesteads Act
Disposition of the homestead
Parties are prohibited from executing dispositions of homestead property (transfer, mortgage, etc.) as attorney for their spouse/common law partner where the donor of the power of attorney owns an estate or interest in the property in addition to their Homesteads Act rights. Where homestead property is jointly held by married persons, or by common law partners, each spouse or common law partner has an ownership interest in the property in addition to their Homesteads Act rights.
In such cases, the spouses and common law partner cannot act as attorney on behalf of their spouse or common law partner in a disposition of that property.
See sections 24 and 4(d), The Homesteads Act