Enduring Power of Attorney (15:App A): Difference between revisions

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{{LSLAP Manual TOC|expanded = guardianship}}
{{LSLAP Manual TOC|expanded = guardianship}}


'''Important note to students regarding this precedent:''' If students use this precedent (produced by the Ministry of the Attorney-General of BC) students should ensure that the automatic revocation of prior POAs (para 2) should not be included in the POA without very clear instructions from client that the client WANTS all prior POAs revoked (e.g. this would include prior bank POAs).   
'''Important note to students regarding this precedent''': If students use this precedent (produced by the Ministry of the Attorney-General of BC) students should ensure that the automatic revocation of prior POAs (para 2) should not be included in the POA without very clear instructions from client that the client WANTS all prior POAs revoked (e. g. this would include prior bank POAs).   


In addition, students should be aware that the “effective date” (para 9) works if there is only '''one''' attorney appointed. If more than one attorney is appointed, the POA cannot be used and will not be effective unless '''all''' attorneys have signed.   
In addition, students should be aware that the “effective date” (para 9) works if there is only one attorney appointed. If more than one attorney is appointed, the POA cannot be used and will not be effective unless all attorneys have signed.   


Note that this POA precedent does not include custom clauses e.g. delegation, gifts, loans etc. If the client wishes to include custom clauses, the student should refer to ''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2014 (Bogardus, Wetzel & Hamilton) for precedent clauses.
Note that this POA precedent does not include custom clauses e. g. delegation, gifts, loans etc. If the client wishes to include custom clauses, the student should refer to ''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton) for precedent clauses.  


{{LSLAP Appendix PDF External Link
{{LSLAP Appendix PDF External Link

Revision as of 08:28, 15 August 2019



Important note to students regarding this precedent: If students use this precedent (produced by the Ministry of the Attorney-General of BC) students should ensure that the automatic revocation of prior POAs (para 2) should not be included in the POA without very clear instructions from client that the client WANTS all prior POAs revoked (e. g. this would include prior bank POAs).

In addition, students should be aware that the “effective date” (para 9) works if there is only one attorney appointed. If more than one attorney is appointed, the POA cannot be used and will not be effective unless all attorneys have signed.

Note that this POA precedent does not include custom clauses e. g. delegation, gifts, loans etc. If the client wishes to include custom clauses, the student should refer to Wills Precedents: An Annotated Guide, Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton) for precedent clauses.



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