Here in BC you do not have to be declared incompetent to assign someone Durable Power of Attorney. But your Mum has to be competent to assign it to you. Her signature must be witnessed too.

I would not do this with an online form. It is best to have a lawyer familiar with the laws in Mum's province as well as yours to draw up the agreement.

Here in BC the assigned POA must also sign the document agreeing to take on the responsibility.

A boiler plate agreement or online form will not address all the potential issues that may come up.
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Reply to Tothill

I am not certain how it works in Canada. In the USA a POA is given by the person conferring it upon someone who will follow their wishes in handling their affairs. The person must be cognizant and of sound mind if this involves financial affairs, or there must be already of DPOA set up in documents done when the person was of sound mind, to take place when (usually two) doctors say the person cannot manage his or her own affairs.
A guardianship would involve doctors assessing a person incompetent to manage his or her own affairs and would assign usually a family member, or a court appointed guardian to manage placement and payments and financial affairs.
I would check with someone, an elder care attorney, re your own laws in Canada.
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Reply to AlvaDeer

I wouldn't think a doctor would be involved in a financial POA, or are you referring to something medical, or a doctor's statement that your mother is unable to manage her own finances ?   If there's no dementia involved, you should be obligated to prove that she can't manage her finances;  otherwise, it's essentially your word against hers.

I'm not  being critical, merely pointing out what could be construed as a personal decision to take over her finances, regardless of the issues.  And I do understand how poor management can create this kind of a situation.

What's your mother's position on this?   That's the important factor.

Your post indicates that there's a spending issue but doesn't mention dementia.  

I think you really need to discuss this with an attorney familiar with Canadian law to determine whether or not, absent dementia,  lack of financial prudence is a legal standard for granting a POA. However, I'm concerned about wanting to take over her finances; it is in fact her money, even if it's not being spent properly. 
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Reply to GardenArtist

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