What an enduring power of attorney does
A power of attorney lets another adult, called your attorney, act for you in financial and legal matters: paying bills, running your bank accounts, dealing with investments and pensions, filing your taxes, and buying, selling or managing property. Your attorney does not have to be a lawyer. The word just means the person you appoint.
An ordinary power of attorney stops working the moment you lose mental capacity, which is exactly when your family most needs it. An enduring power of attorney, made under BC's Power of Attorney Act, keeps working after you become incapable. Without one, your family may have to apply to the Supreme Court to be appointed your committee, a process that takes months and typically costs several thousand dollars, or the Public Guardian and Trustee may step in.
Who can be your attorney
- Any adult you trust: usually a spouse, an adult child, a sibling or a close friend.
- Not someone who is paid to give you personal care or health care, unless that person is your spouse, child or parent.
- You can name two or more attorneys, acting together or separately, and you should always name an alternate in case your first choice has died, moved away or cannot act.
- A trust company or the Public Guardian and Trustee can also act, for people who have no one suitable.
Your attorney must act honestly, in good faith and in your best interests, keep your money separate from their own, keep records, and follow any instructions you write into the document. They cannot change your will or, unless you allow it, make gifts beyond small limits.
When it takes effect
You choose. Most people make it effective immediately, so the attorney can help with the banking as soon as you ask, and step in fully if you become incapable. You can instead make a springing power of attorney that only starts when a doctor confirms you are incapable. Springing documents are harder for banks to act on quickly, so we usually recommend the immediate version with an attorney you trust, and we explain the trade-off on the consultation call.
How it is signed in BC
The signing rules are where home-made and bank-form documents most often fail.
- You must be an adult and capable of understanding what the document does when you sign it.
- You sign in front of two adult witnesses, or one witness if that witness is a BC lawyer or notary public. When we come to your home, we are that witness.
- Your attorney, and the attorney's spouse, child, parent, employee or agent, cannot witness.
- Your attorney must also sign the document, in front of a witness, before they can act. We arrange for that at the same appointment when the attorney can be there.
- To deal with real estate, the power of attorney has to be filed at the Land Title Office, which requires the signing to have been certified by a lawyer or notary. A document witnessed by neighbours cannot be used to sell or refinance your home.
Why not just use the bank's form?
Banks and credit unions offer their own power of attorney forms. They are free, and they cover only that institution's accounts, often only while you are capable. A properly drafted enduring power of attorney covers every account, investment, pension, tax filing and property you have, at every institution, and continues if you lose capacity. We also draft in the practical clauses institutions ask for: authority to deal with the CRA, to manage digital accounts, to continue supporting a dependent, and to renew or reorganize investments.
What it costs
| Document | 👤 Individual | 👥 Couple |
|---|---|---|
Enduring Power of Attorney Consultation, drafting, and a lawyer at your home to witness the signing | $345 | $545 |
Will + Enduring Power of Attorney Our most popular package | $625 | $925 |
Complete Plan Will + Power of Attorney + Representation Agreement | $795 | $1,175 |
All prices in CAD plus GST & PST. Flat fees, no hourly billing. Home, hospital and care-home visits in Vancouver, Burnaby, North & West Vancouver and Coquitlam. See all wills & estate planning pricing →
Helping a parent?
Adult children often arrange a power of attorney for an aging parent, and we are glad to work with you. The instructions must come from the parent, we meet with them privately, and we keep a careful note of their capacity at the signing, which is what protects the document if anyone ever questions it later. If capacity is already in doubt, tell us on the consultation call and we will be honest about whether a power of attorney is still possible. More on home and care-home visits →