Enduring Power of Attorney

What is an Enduring Power of Attorney

An enduring power of attorney is effective when you are not capable of making your own decisions. An enduring power of attorney does not stop you from managing your own affairs, as long as you are capable.

Who can make an enduring power of attorney?

You may make an enduring power of attorney if you are 19 years of age or older, and are capable of making decisions. The law presumes you are capable unless it is shown that you are not. The way you communicate is not a factor in deciding whether you are capable.

Why is it important to have an enduring power of attorney?

Suppose you become incapable. If you have an enduring power of attorney, your attorney can make legal and financial decisions on your behalf. If not, the courts may have to decide. Nobody, not even a spouse, has legal authority over an adult’s financial or legal affairs.

You cannot appoint:

• A caregiver who is paid to provide you with personal or health care services.
• An employee at the facility where you live if the place provides health or personal care services. This rule does not apply if the person providing the care is a spouse, a parent, or a child.

What does enduring power of attorney cover?

An enduring power of attorney covers legal and financial decisions only. It does not cover healthcare and personal decisions which are covered through a representation agreement.

How do you make an Enduring Power of Attorney?

The BC Ministry of Attorney General has an enduring power of attorney form available. It is online at: www.ag.gov.bc.ca/incapacity-planning [1].

You do not have to use this form, but it gives you an idea of how to make an enduring power of attorney.

Should I see a Notary Public or a lawyer?

It is a good idea to go to a lawyer or notary public to make an enduring power of attorney. You can talk with a lawyer or notary public about what your attorney can do. A notary public or lawyer can help you with rules about the gifts, loans and donations an attorney can make on your behalf.

When does an enduring power of attorney take effect?

An enduring power of attorney usually takes effect as soon as you and your attorney sign the documents. You can continue to manage your financial and legal affairs for as long as you are capable. But your attorney can help you with any complicated matters. An enduring power of attorney can also take effect at a specified time you name in the document.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2014.

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