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. 1996, c. 370 (“POAA”), states that a general power of attorney confers authority on the attorney to do on behalf of the donor anything the donor can lawfully do by an attorney. The attorney does not have the power or authority to make decisions about an adult’s health care or personal affairs, such as consent to medical treatment, or where the adult should reside.
A Springing POA refers to a document in which the attorney’s authority can be exercised only if certain events occur. This power of attorney might specify that it comes into effect only upon one or two medical doctors providing a statutory declaration stating that the adult is “incapable of making decisions about the adult’s financial affairs”.
An Enduring POA contains a clause that specifically allows the power of attorney to continue to be effective if the adult should later become incapable of managing their affairs. Without such a specific direction, at common law, a power of attorney ceases to have any effect upon an adult becoming incapable.
Click here to read our article When Does a Power of Attorney Take Effect?
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