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

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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 the 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.   

Revision as of 20:48, 11 October 2022

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 8, 2022.



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 the 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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