what is power of attorney bc

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.

Full Answer

What is power of attorney and how does it work?

By the legal staff of the BC CEAS Elder Law Clinic What is a Power of Attorney? A power of attorney is a legal document that gives another person the power to take care of your financial and legal matters for you. The person you give this power to is called the “attorney,” and you are called the “donor.” (Here, “attorney” does not mean lawyer.)

How to become power of attorney?

In BC, a power of attorney is a legal document which gives someone the authority to represent you and make decisions on your behalf. Making a power of attorney is one of the best ways you can protect your finances, health, and personal decisions. But what does it really mean for you and do you really need one?

How to obtain power of attorney?

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. It does not give the attorney any power to make decisions about the adult’s health care or personal care, nor does it let the attorney change the adult’s will.

What exactly is a power of attorney?

In British Columbia, two types of powers of attorney deal with finances and property: general power of attorney and enduring power of attorney. Both types of power of attorney must be entered into while you are capable of making decisions and both end if you die or become bankrupt. A general power of attorney will also end if you become mentally

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 does a power of attorney allow you to do?

Summary. A power of attorney (POA) is an authority imposed on an agent by the principal allowing the said agent to make decisions on his/her behalf. The agent can receive limited or absolute authority to act on the principal's behalf on decisions relating to health, property, or finances.

What is the difference between power of attorney and enduring power of attorney in BC?

A general power of attorney ends automatically if you become mentally incapable or die. An enduring power of attorney continues — or endures — if you become mentally incapable. You can give your attorney broad powers or you can place limits on the power you give them.

Do I need a lawyer for power of attorney 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 do you get power of attorney in BC?

You can access any act through your local library or online at www.bclaws.ca. To create an enduring power of attorney, a government form is available online at: www2. gov.bc.ca/gov/content/health/managing-your-health/ incapacity-planning.

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.More items...•Sep 4, 2018

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.

Can a family member override a power of attorney?

As long as the parent is competent, he or she can revoke a power of attorney at any time for any reason. The parent should put the revocation in writing and inform the old agent. Removing an agent under power of attorney. Once a parent is no longer competent, he or she cannot revoke the power of attorney.May 2, 2019

Can a power of attorney transfer money to themselves in Canada?

As a general rule, a power of attorney cannot transfer money, personal property, real estate or any other assets from the grantee to himself.Sep 21, 2021

Can a power of attorney sell property in BC?

According to section 26 of the Property Law Act of British Columbia, an attorney cannot sale, transfer or convey land owned by the registered owner to the attorney himself or herself unless the Power of Attorney expressly authorizes the attorney to do so or the registered owner ratifies such sale, transfer or ...

Is it important to have a power of attorney?

Power of Attorney is an important legal document that gives someone you trust the authority to make decisions or take actions on your behalf if you are unable to do so.Mar 2, 2021

What is a power of attorney in BC?

In BC, a power of attorney is a legal document which gives someone the authority to represent you and make decisions on your behalf. Making a power of attorney is one of the best ways you can protect your finances, health, and personal decisions.

What is POA in law?

Your POA will allow your attorney to conduct transactions on your behalf while you are unable to. Your enduring POA ensures that your financial and other interests are protected, and in the hands of someone that you trust.

Who is the guardian of property?

Your attorney, or your attorney’s spouse or common law partner. Anyone who has a “Guardian of Property” appointed for them by a court because they are not able to manage their property due to medical reasons.

What is an enduring power of attorney?

In BC, an enduring power of attorney gives someone you trust the power to make decisions on your behalf if you are medically incapable. An enduring POA gives your attorney the authorization to perform any acts you would be able to do, except make a will. Typically this includes paying your bills, maintaining property, managing investments, ...

What is a BC representative?

A representative is someone you appoint who can make decisions regarding your health care, housing, meals, and clothing in the event of your incapacitation. This includes essentially anything related to your personal care. In BC, you appoint a representative through a representation agreement.

What is an attorney responsible for?

Your attorney is responsible for making decisions about your property, finances, personal life, and medical care, if in the event of an emergency if you are unable to do so yourself. In many cases, you can also help your attorney by outlining these decisions in advance.

What is a POA?

A power of attorney is something you never hope will come into effect, but it can protect your finances, health, and personal decisions if you were to become incapacitated. A great way to think of your POA as a form of disability insurance, it protects you while you’re alive. In contrast, your legal will would be like a form of life insurance, ...

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).

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.

What are the different types of powers of attorney?

Three types of powers of attorney are commonly used, each for a different purpose: 1 General Powers of Attorney#N#Broad powers, ends if donor of power becomes mentally incapable 2 Specific Powers of Attorney#N#Limits the attorney’s power to a specific task, property, etc. 3 Enduring Powers of Attorney#N#Broad powers like the general POA, but does not end if donor becomes mentally incapable

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.

Can an attorney handle adult affairs 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.

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.

Change of Grantor Capacity

You should be aware that a person’s capacity or lack thereof is a fluid thing. If the grantor has been on his or her own for a number of years, not eating properly and in declining health, health could actually improve upon entering a care facility where he or she gets their medication regularly and three square meals a day.

Dealing with Family

It is wise to communicate with other family members concerning the grantor's status, what you are doing, and why you are doing it. Many family problems in these situations come about due to failure to communicate properly. Remember that this is a stressful time for all.

What is the Difference Between a Representation Agreement and Power of Attorney?

The differences between representation agreements and powers of attorney are found within the type of permissions that they grant a representative.

What is a Representation Agreement?

A representation agreement will allow your representative to make decisions regarding your health and personal care. These documents are most useful in situations involving ailing family members, aging parents or loved ones, and people facing any kind of serious medical procedure.

What is a Power of Attorney?

When you give somebody power of attorney over your affairs, you are allowing them to make decisions regarding your legal and financial dealings.