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Power of Attorney

Enduring Power of Attorney in BC – Vancouver Estate Lawyer

What is a Power of Attorney?

A Power of Attorney is a legal document giving a person the authority to act on your behalf on legal and financial matters. The person you appoint to act on your behalf is called an “attorney” and it is not to be confused with a lawyer.

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What is an Enduring Power of Attorney?

An Enduring Power of Attorney specifically allows the Power of Attorney to continue to be in effect beyond the incapacity of the individual. In other words, instead of the Power of Attorney ending at the point the person is unable to manage his or her affairs, it continues beyond the point of incapacity.


What are the Requirements of an Enduring Power of Attorney?

An individual who makes an Enduring Power of Attorney must be an adult (the age of majority in B.C. is 19 years of age). He or she must be of sound mind at the time of signing the Enduring Power of Attorney and must not be unduly influenced or coerced into signing the Enduring Power of Attorney.


What is a Springing Power of Attorney?

A Springing Power of Attorney is an Enduring Power of Attorney where the attorney’s authority can be exercised only if certain events occur.

A Springing Power of Attorney is usually created when a person is reluctant to empower their attorney to act immediately.

A Springing Power of Attorney is not without its drawbacks.


Why is having an Enduring Power of Attorney important?

An Enduring Power of Attorney is a simple and inexpensive, yet essential part of an estate plan. Should you be unable to look after your affairs due to mental incapacity or physical injury, it is important that you have designated someone you trust to look after your affairs on your behalf. Should you not have an Enduring Power of Attorney, a member of your family will have to make a court application to be appointed to look after your affairs.


In my Enduring Power of Attorney who can I appoint as my Attorney?

In an Enduring Power of Attorney you can appoint a family member, close trusted friend, lawyer, trust company etc., as your attorney. It is important that your attorney is someone you trust. He or she must be an adult and be capable of being an attorney.


Can you have more than one Attorney in an Enduring Power of Attorney?

Yes, you can appoint one person and an alternate attorney should the first attorney be unable or unwilling to act as your attorney. You can also appoint more than one person as your Attorney and have them make decisions either unanimously or individually.


Who can Witness an Enduring Power of Attorney?

The witness requirements for an Enduring Power of Attorney are quite complicated. As such, we strongly recommend that an Enduring Power of Attorney is witnessed by either a lawyer who is a member with the Law Society of British Columbia, or a Notary Public who is a member in good standing with the Society of Notaries Public of British Columbia. By having your Enduring Power of Attorney witnessed by a Lawyer or Notary Public, you can ensure that your Enduring Power of Attorney can be registered with land titles to deal with real estate issues should it be necessary.


More Information about Power of Attorney


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Download - Enduring Power of Attorney - Estate Lawyer in Vancouver B.C

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