Introduction to Power of Attorney: Difference between revisions

Revision as of 18:21, 7 January 2016

This publication tells you how a power of attorney can be used to give someone the legal power to take care of financial and legal matters for you. It explains the types of power of attorney, who can be an attorney, what powers and responsibilities the attorney has, and how to end a power of attorney.

The information is produced for educational purposes and is not intended as legal advice. If you need advice about a specific legal problem, please contact a legal professional. Some sources of legal help are highlighted in the Where to Get Help section.

We have tried to use clear language throughout. See the Glossary section for definitions of key legal terms.

The information is current to October 2015.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2015.

Power of Attorney © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

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+This publication tells you how a power of attorney can be used to give someone the legal power to take care of financial and legal matters for you. It explains the types of power of attorney, who can be an attorney, what powers and responsibilities the attorney has, and how to end a power of attorney.
-The attorney is like your agent. He or she must act honestly, in good faith and in your best interests. Your attorney must keep careful records of any financial activities, and must keep your affairs separate from his or her own.
+The information is produced for educational purposes and is not intended as legal advice. If you need advice about a specific legal problem, please contact a legal professional. Some sources of legal help are highlighted in the [[Where to Get Help for Power of Attorney|Where to Get Help section]].
-A general power of attorney gives your attorney the power to do anything financial or legal that you can’t do for yourself. this could include dealing with bank or credit union accounts, getting information from Canada Revenue Agency in order to do your income tax, insuring or selling your car, or selling real estate.
+We have tried to use clear language throughout. See the [[Glossary for Power of Attorney|Glossary section]] for definitions of key legal terms.
-You can also limit your attorney’s powers by making a specific power of attorney only for a specific task. For example, you can give someone power of attorney to sell a particular piece of property or you can give them powers for a limited period of time.
+The information is current to October 2015.
-:'''Example:''' Anita makes a specific power of attorney so that her niece can deposit Anita’s pension cheques and pay her bills. The niece only has access to Anita’s bank account, and only until Anita comes home
+{{REVIEWED | reviewer = [[People's Law School]], 2015}}
-from her trip.
-==When does the power of attorney start?==
-A power of attorney comes into effect as soon as it is signed. However, it does not have to be used immediately. Make sure your attorney knows when you want him or her to act.
-==When does the power of attorney end?==
-A specific power of attorney ends when the job it describes is done, i.e., the piece of property is sold, or on the date it says. You can also cancel a power of attorney at any time.
-A general power of attorney automatically ends:
-* if you become incapable; unless you have an enduring power of attorney clause that makes a power of attorney continue to have effect if you are incapable.
-* if your attorney dies; unless you name an alternate or more than one attorney,
-* if you die
-* if the court appoints “committee” to make decisions for you.
-{{REVIEWED | reviewer = [[People's Law School]], 2014}}
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Introduction to Power of Attorney: Difference between revisions

Revision as of 18:21, 7 January 2016

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