Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"

An adult might authorize the attorney(s) to make a transaction involving land (i.e. transfer of title, closure of sale of property, etc) on behalf of the adult.  If the authority of an attorney involves land transactions, then the POA must be executed and witnessed in accordance with the Land Title Act, RSBC 1996, c 250 [LTA].   

A POA that grants authority to the attorney to make land transactions will expire after 3 years of its execution.  There is an exception to this where an adult signs an EPOA, or the POA expressly exempts itself from these provisions (LTA s 56).  

A POA that confers the power to deal with land transactions and registration of land titles must be witnessed and notarized by a lawyer who is a member of the Law Society of British Columbia or a notary who is a member of the Society of Notaries Public of British Columbia.  This is because POAs that involve land transactions require more care and consultation to ensure that the adult is aware of the legal impact of conveying this authority to the attorney(s).