Powers of Attorney
What is a PoA
A legal document that enables an adult to give another person or persons the authority to make financial and legal decisions for them during their lifetime.
What can a PoA be used for?
It can be used to pay bills, deposit or withdraw money from your bank account, sign contracts of purchase and sale on your behalf, insure your vehicle, and manage your personal tax returns.
Who can prepare a PoA?
The law says you can make a PoA if you are at least 19 years old and are mentally capable of understanding the nature and consequences of the PoA.
Who can I appoint as an attorney in the PoA?
You can choose anyone to be your attorney as long as you trust them, and they understand the responsibility involved and is comfortable making decisions on your behalf with your best interests at heart.
What is an Enduring PoA?
A legal document that enables an adult to appoint another person to make financial and legal decisions for them, and specifies that the appointment continues – or “endures” – in the event the adult becomes mentally incapable.
Can I prepare my own PoA?
While you can create your own PoA, you will need a Notary Public to prepare and witness it if you own real estate or want to give your attorney power to sell your vehicle or renew its insurance.
Does the attorney have to sign the PoA as well?
Yes, the adult must sign in the presence of a Notary Public and so must the appointed attorney(s).
If I prepare a PoA, can I still make decisions?
Yes, your attorney cannot override decisions you make while you’re mentally capable. And even if you become incapable, your attorney has a legal duty to encourage your involvement, as much as possible, in any decisions that affect you.
What is my attorney misuses the PoA?
It is against the law to misuse a PoA. If your attorney abuses his or her power, cancel the PoA immediately and seek legal advice.
What is the process for preparing a PoA?
Schedule an appointment with a Notary Public and bring the following with you:
- Two pieces of valid government issued identification, one being photo identification.
- Addresses of the properties you own in B.C.
- The full legal names and addresses of the attorneys you are appointing.
Contact us if you have additional Powers of Attorney questions.