Life planning · British Columbia
Enduring power of attorney, with a lawyer behind it.
An enduring power of attorney lets you choose someone to manage your money and property, and it keeps working if you become unable to decide for yourself. It is made under BC's Power of Attorney Act.
- $149
- Tax at checkout.
- 20 minutes
- Stop and come back any time.
What an enduring power of attorney is
An enduring power of attorney is a document that gives someone you trust the authority to handle your financial affairs. That includes your money, property, business matters and legal affairs. The person you choose is called your attorney. Your attorney does not need to be a lawyer.
The word "enduring" means the authority continues if you later become incapable of making decisions yourself. You can say it starts as soon as it is signed. Or you can say it starts only when you are incapable, and set out how that will be confirmed. You can name more than one attorney, and an alternate to step in if one can't act.
Why you'd need one
Without an enduring power of attorney, no one has automatic authority over your finances if you become incapable. Someone may have to ask a court to be appointed. In some cases the Public Guardian and Trustee, a government office, may step in. An enduring power of attorney lets you choose who acts.
It can matter at any age. Illness, an accident or dementia can make it hard to pay bills, deal with a bank or manage a home.
The document has limits. It covers money and property only. Health care and personal care decisions belong in a representation agreement or an advance directive. An attorney cannot make or change your will. Gifts and loans from your money are limited by law unless your document allows more.
Who can make one, and when to see a lawyer
You must be 19 or older and understand what the document does. You sign it in front of two witnesses, or one lawyer or notary public of British Columbia. Your attorney cannot be a witness, and neither can your attorney's spouse, child or parent.
Talk to a lawyer if you want to limit your attorney to certain tasks, or if someone else has to sign for you. Also talk to one if you plan to name a paid caregiver, a trust company or the Public Guardian and Trustee, or if anyone is pressuring you or doubting your capacity.
If your attorney may need to deal with land, special signing rules apply. A lawyer or notary public of British Columbia handles those.