What do you do if you have made a Will, but you have changed your mind and you want to revoke it? You have a few options to revoke a valid Will. You may choose to make a new valid Will that contains a clause that revokes all previous Wills. You also may burn the […]
Section 38 of the British Columbia Power of Attorney Act provides that a POA “made in a jurisdiction outside British Columbia” may be deemed to be an enduring power of attorney if it meets certain requirements set out in Regulations, s. 4. In order for a legal document that was made in a jurisdiction other […]
The POA is terminated when the attorney: (1) Is the adult’s spouse and their marriage or marriage-like relationship ends; (2) Becomes incapable or dies; (3) Is bankrupt; (4) Is a corporation and the corporation dissolves, winds up, or ceases to carry on business; or (5) Is convicted of a prescribed offence or an offence in […]
A British Columbia POA does not cover health matters or personal care but is the primary tool for personal planning regarding finances, property, and legal affairs. On the other hand, Representation Agreements are limited to health care and personal care, except for the limited purpose of routine financial matters in agreements made under s. 7 […]
An attorney under a POA must act in the best interests of the adult while taking the adult’s best wishes and values into consideration: British Columbia Power of Attorney Act s. 19(2). Section 19 of the British Columbia Power of Attorney Act provides that when acting as an attorney (unless the POA specifically provides otherwise) […]
Section 24(1) of the British Columbia Power of Attorney Act provides that an attorney can be compensated if the POA expressly authorizes the compensation and sets the amount or rate. An attorney may be reimbursed from an adult’s property for reasonable expenses properly incurred in acting as the adult’s attorney: torney Act, s. 24(2). An […]
If capable, an adult can revoke an appointment under a POA: British Columbia Power of Attorney Act, s. 28(1). In order to revoke a POA, the adult must give written notice to each attorney: British Columbia Power of Attorney Act s. 28(2). This notice is called a notice of revocation and a donor must give […]
Considerations for the maker of a POA in who they appoint can include choosing the right attorney and/or choosing more than one attorney. Adults should consider whether appointing more than one attorney may unnecessarily complicate the management of the adult’s affairs. Section 18 of the British Columbia Power of Attorney Act deals with the situation […]
A General POA is usually for a specified time frame and/or purpose and becomes invalid on the incapacity of the adult. A Springing POA does not take effect until the occurrence of an event or date (typically, upon the adult becoming incapable). Section 26(2) of the British Columbia Power of Attorney Act provides that if […]
In BC, the different types of Powers of Attorney (POA) include: (1) A General POA; (2) A Springing POA and (3) An Enduring POA. A General POA in British Columbia applies to all assets owned by the donor and ends upon the incompetency of the donor. Section 9 of the Power of Attorney Act, R.S.B.C. […]