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 than BC to be deemed an enduring power of attorney and effective in BC, it must be accompanied by a Certificate of Extra-Jurisdictional Solicitor which must be completed by a solicitor/lawyer in the other jurisdiction.
The lawyer must certify:
(1) That the document grants a power of attorney that continues to have effect while, or comes into effect when, the adult is incapable of making decisions about the adult’s financial affairs: Regulations, s. 4 (2) (a);
(2) The enduring power of attorney was validly made according to the laws of the jurisdiction in which the person was ordinarily resident and the instrument was made, and that the instrument continues to be effective in the jurisdiction in which the instrument was made: Regulations, s. 4 (2) (c) and (d); and
(3) The adult was “ordinarily resident” outside British Columbia but within Canada, or within the United States of America, the United Kingdom of Great Britain and Northern Ireland, Australia or New Zealand: Regulations s. 4 (2) (b).