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Difference between revisions of "Power of Attorney (15:IV)"
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Power of Attorney (15:IV) (view source)
Revision as of 23:26, 12 August 2017
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The Adult can make very individualized and specific provisions in a POA. For example, a POA can be very narrow in scope, allowing the Attorney(s) to do one specific act e.g. cashing a pension cheque, transferring property, or paying insurance). Alternatively, the Adult can make a POA that is intentionally broad in scope, allowing the Attorney(s) to handle all financial decisions on behalf of the Adult. | The Adult can make very individualized and specific provisions in a POA. For example, a POA can be very narrow in scope, allowing the Attorney(s) to do one specific act e.g. cashing a pension cheque, transferring property, or paying insurance). Alternatively, the Adult can make a POA that is intentionally broad in scope, allowing the Attorney(s) to handle all financial decisions on behalf of the Adult. | ||
Anyone aiding another to create a POA should ensure that the adult understands and appreciates the nature and consequences of a POA. | |||
The following sections explain in more detail: what type of POAs can be made; who is involved in a POA; how a POA can be made, changed, or revoked; the duties and powers of an Attorney; and what can be done if an adult is incapable and does not have a valid POA in place. | The following sections explain in more detail: what type of POAs can be made; who is involved in a POA; how a POA can be made, changed, or revoked; the duties and powers of an Attorney; and what can be done if an adult is incapable and does not have a valid POA in place. | ||
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The two types of POA are as follows: | The two types of POA are as follows: | ||
#'''General:''' General POAs are governed by Part 1 of the | #'''General:''' General POAs are governed by Part 1 of the Power of Attorney Ac, and by common law for agency relationships. These are effective immediately, or as specific on the document, and ongoing until the loss of capacity, revocation or death. The test for capacity for making general POAs can be found in the BCLI’s Report on Common Law Test of Capacity:[http://www.bcli.org/wordpress/wp-content/uploads/2013/09/2013-09-24_BCLI_Report_on_Common-law_Tests_of_Capacity_FINAL.pdf Report on Common Law Test of Capacity]. | ||
#'''Enduring:''' Enduring POAs (EPOAs) are governed by | #'''Enduring:''' Enduring POAs (EPOAs) are governed by Parts 2 and 3 of the Power of Attorney Act. These can be effective immediately, or springing. (See note below for details on springing EPOAs. ) Enduring POAs continue in the event that the Adult lose capacity, and only ends upon revocation or death. | ||
#*'''NOTE:''' A springing EPOA stays dormant until a future date or event (i.e. the loss of capacity) and ends only upon death. The Adult can decide in advance how capacity is to be determined, such as by requiring the agreement of a family member and two doctors. A springing EPOA is not active until the adult loses capacity. See ''Goodrich v British Columbia (Registrar of Land Titles)'', 2004 BCCA 100. (The BCCA decided that even though the PAA does not explicitly allow for a springing power of attorney, it is nevertheless possible to make one.) | #*'''NOTE:''' A springing EPOA stays dormant until a future date or event (i.e. the loss of capacity) and ends only upon death. The Adult can decide in advance how capacity is to be determined, such as by requiring the agreement of a family member and two doctors. A springing EPOA is not active until the adult loses capacity. See ''Goodrich v British Columbia (Registrar of Land Titles)'', 2004 BCCA 100. (The BCCA decided that even though the PAA does not explicitly allow for a springing power of attorney, it is nevertheless possible to make one.) | ||