what is a power of attorney in bc

by Dr. Walker Johnson Published 3 years ago Updated 2 years ago 7 min read

An Enduring Power of Attorney is a legal document for advance planning in British Columbia. The document gives power from one (competent) adult (the donor) to another (competent) adult (the agent or attorney) to do certain things or take actions on the donor's behalf regarding financial and legal matters.

What are the duties of a power of attorney in BC?

A power of attorney gives your attorney the authority to take care of only your financial and legal affairs. This could include paying bills, doing banking, or selling real estate on your behalf. It does not allow him or her to make decisions about your personal or health care.

How much does it cost for power of attorney in BC?

The cost of drafting just an Enduring Power of Attorney is $295. However, as part of a Will & Estate package which includes a Will, Advanced Health Care Directive, Representation Agreement and Enduring Power of Attorney, the fee is $1,495 for all documents plus applicable taxes.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

What are the 3 types of power of attorney?

Here are examples of the types of Alberta POAs that you may need:

Specific Power of Attorney. A specific power of attorney is the simplest power of attorney. ...
General Power of Attorney. A general power of attorney is used to give a very broad term of use to the attorney. ...
Enduring Power of Attorney. ...
Durable Power of Attorney.

Feb 1, 2022

Does a BC power of attorney need to be notarized?

Does A Power of Attorney Need To Be Notarized In British Columbia? In BC, there are no requirements for your representation agreement to be notarized. If you've followed the guidelines for signing and witnessing, you have a legal power of attorney document!

What's the difference between attorney and lawyer?

For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.Oct 22, 2021

What are the disadvantages of being power of attorney?

What Are the Disadvantages of a Power of Attorney?

A Power of Attorney Could Leave You Vulnerable to Abuse. ...
If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ...
A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.

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Sep 4, 2018

Can I sell my mums house with power of attorney?

Answer: Those appointed under a Lasting Power of Attorney (LPA) can sell property on behalf the person who appointed them, provided there are no restrictions set out in the LPA. You can sell your mother's house as you and your sister were both appointed to act jointly and severally.Apr 2, 2014

Can power of attorney spend money?

The Office of the Public Guardian, as previously stated, can at any stage ask you as a power of attorney to account for any gifts you've given out including any power of attorney reasonable expenses. Failure to keep accounts can mean you fall foul of the law.Sep 2, 2019

What does a power of attorney do in Canada?

A power of attorney is a legal document that you sign to give one person, or more than one person, the authority to manage your money and property on your behalf. In most of Canada, the person you appoint is called an “attorney.” That person does not need to be a lawyer.Oct 24, 2016

How long can a power of attorney last?

Lasting powers of attorney

Once an LPA has been validly executed, it will last indefinitely unless revoked by the donor, the attorney, the Court of Protection or by operation of law.May 25, 2021

What is the best power of attorney to have?

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.Mar 19, 2019

What are the powers of an attorney in BC?

In BC, general powers of attorney don’t specify limits on the powers given to the attorney, but the attorney is only permitted to handle the adult’s financial and legal affairs. The attorney cannot make decisions regarding medical treatment or other personal affairs that can be dealt with using representation agreements.

What is a specific power of attorney?

Specific powers of attorney (which are sometimes called limited powers of attorney) specify limitations on the general powers given to the attorney. The power can be limited as to subject matter (concerning only a particular property) or limited in time (valid until a certain date).

What happens if an attorney exercises authority improperly?

As a general caution, if an attorney exercises authority improperly, but people affected weren’t aware that the attorney’s actions were improper, the action may still be valid and binding on the adult who granted the power of attorney.

When does an enduring power of attorney come into effect?

Unless a date is specified, an enduring power of attorney generally comes into effect either when the adult becomes incapable or on the date it is signed, after which it continues to have effect when the adult is incapable.

How many types of powers of attorney are there?

Three types of powers of attorney are commonly used, each for a different purpose:

What is a POA?

A Power of Attorney (POA) is a document that grants a person (called the “attorney”) the legal power to take care of the granting adult’s financial and legal affairs.

Can an adult make an enduring power of attorney?

An adult is presumed to be capable of making an enduring power of attorney until the contrary is demonstrated. A capable adult may do anything the adult has authorized the attorney to do, regardless of whether the enduring power of attorney is in effect.

Who must state in the enduring power of attorney?

14 An adult who makes an enduring power of attorney must state in the enduring power of attorney

How many witnesses are needed to sign an enduring power of attorney?

17 (1) Before a person may exercise the authority of an attorney granted in an enduring power of attorney, the person must sign the enduring power of attorney in the presence of 2 witnesses.

What powers does an adult have?

(b) do anything that the adult may lawfully do by an agent. in relation to the adult's financial affairs. (2) An adult may grant general or specific powers to an attorney.

What are the duties of an attorney?

(a) act honestly and in good faith, (b) exercise the care, diligence and skill of a reasonably prudent person, (c) act within the authority given in the enduring power of attorney and under any enactment, and.

What does "close friend" mean in a power of attorney?

25 (1) In this section, "close friend", in respect of an adult who has made an enduring power of attorney, means another adult who has a long-term, close personal relationship involving frequent personal contact with the adult, but does not include a person who receives compensation for providing personal care or health care to the adult.

When is the authority of an attorney suspended?

When authority of attorney is suspended or ends. 29 (1) The authority of an attorney is suspended in any circumstances set out in an enduring power of attorney, for as long as those circumstances continue. (2) The authority of an attorney ends.

Can an attorney be compensated for acting as an adult's attorney?

24 (1) An attorney must not be compensated for acting as an adult's attorney unless the enduring power of attorney expressly authorizes the compensation and sets the amount or rate. (2) An attorney may be reimbursed from an adult's property for reasonable expenses properly incurred in acting as the adult's attorney.

What is a power of attorney?

From: Financial Consumer Agency of Canada. A Power of Attorney is a legal document. It gives one person, or more than one person, the authority to manage your money and property for you. You're not required to make a Power of Attorney.

How to make sure your attorney is willing to be your attorney?

Talk to the person you've chosen as attorney to make sure they're willing to be your attorney. If they are, talk to them about their duties. Make sure that they're aware of your wishes. Remind the attorney that they're legally obligated to always act in your best interest, not their own.

What happens if you dispute an attorney?

Disputes between attorneys could cause problems in the management of your finances. Think about naming a trusted professional as your decision-maker if your finances are complicated or if you're not sure if your friends or family can manage them. Keep in mind there may be fees. Make sure you list any restrictions in your power ...

What is a person called that does not need to be a lawyer?

The person you name is usually called an “attorney.”. That person does not need to be a lawyer. This document gives the attorney complete access to your finances. This means they can: do your day-to-day banking. sign cheques on your behalf. buy or sell real estate on your behalf. borrow money on your behalf.

Can you list restrictions on power of attorney?

Make sure you list any restrictions in your power of attorney document if there is anything you don't want your attorney to be able to do.

What is a signature in British Columbia?

124, to take adavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

Do you have to complete a statutory declaration before filing a document with the Land Title Oce?

This statutory declaration must be completed by the attorney before the attorney may file a document with the Land Title Oce. It need not be completed at the time that the enduring power of attorney is made or signed.

Why is a power of attorney important?

It is valuable to have a power of attorney set in place in case something happens while you are travelling out of the country or if you need somebody to handle banking for you while you are otherwise occupied.

Why is it important to have a representation agreement?

It is important to have a representation agreement in place because it ensures that decisions can be made in your best interest when you are unable to make those decisions yourself.