British Columbia Law

Power of Attorney - Essential Estate Planning Before Death

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

With decades of successful experience helping thousands of different people, Sea to Sky Law™ can help you with a Power of Attorney — which is a foundational part of prudent estate planning in BC.

Most people think of estate planning as just writing a Will. But a Will only takes effect after you die. Estate planning in BC is really about two time periods: the events that may occur before your death, and the distribution of your estate after your death. A Power of Attorney is one of the essential documents for the "before death" period.

What Is a Power of Attorney?

A Power of Attorney (POA) is a written legal document in which you (the donor) authorisize another person (the attorney) to make financial and legal decisions on your behalf. The attorney can sign documents, manage bank accounts, pay bills, deal with real property, and conduct other legal and financial transactions — all in your name.

In BC, Powers of Attorney are governed by the Power of Attorney Act. There are two main types:

General Power of Attorney: Valid while you have legal capacity, but automatically terminates if you lose capacity. Useful for short-term situations — such as when you are travelling and need someone to manage your affairs back home.
Enduring Power of Attorney (EPA): Specifically designed to survive your loss of capacity. This is the critical document for planning around dementia, serious illness, or injury. Without an EPA, your POA is useless exactly when you need it most.

When You Need an Enduring Power of Attorney

An EPA is the document that allows your attorney to continue managing your finances if you develop dementia, suffer a disabling stroke or accident, or are otherwise incapacitated. Without it, your family may need to apply to the BC Supreme Court for a Committee Order under the *Patients Property Act* — a process that is slow, expensive, and emotionally draining.

The Committee becomes responsible for your finances under court supervision, filing annual accounts and obtaining court approval for many decisions.

An EPA, properly drafted while you have capacity, avoids all of this.

Health Care Planning: Representation Agreement

A Power of Attorney covers financial and legal matters only. For health care decisions, BC has a different document: the Representation Agreement (RA), governed by the *Representation Agreement Act*.

A Representation Agreement authorizes your representative to make personal and health care decisions on your behalf when you cannot make them yourself. This includes decisions about medical treatment, hospitalization, home care, long-term care facilities, and — crucially — end-of-life care.

There are two types:

Section 7 RA: A more limited agreement that can be made by individuals even with reduced capacity, covering routine personal and health care decisions
Section 9 RA: A broader agreement covering major health care decisions, requiring that you have full legal capacity when you make it

Advance Directive

In addition to a Representation Agreement, BC law allows you to make a written Advance Directive — specific instructions to health care providers about what treatment you want (or do not want) if you cannot communicate. An Advance Directive gives providers direct guidance without requiring them to consult your representative first.

After Death: Your Will Takes Over

When you die, the legal authority of your POA, Representation Agreement, and other inter vivos (lifetime) documents ends completely. At that point, your Last Will & Testament governs. Your Will appoints your Executor and Trustee to administer your estate, protects your assets, pays your debts, and distributes what remains to your chosen beneficiaries.

Funeral and Body Instructions

It is also important to clarify your instructions regarding your body — type of funeral, burial or cremation, memorial service preferences. Many people are surprised to learn that a Will is not always the best place for funeral instructions, because the Will may not be read until after the funeral.

A pre-need funeral plan made directly with an experienced funeral home — often at no charge (confirm with the funeral home) — ensures your wishes are followed promptly.

A complete estate plan includes a Will, an Enduring Power of Attorney, and a Representation Agreement (and possibly an Advance Directive). Sea to Sky Law™ prepares all of these documents for clients throughout British Columbia. Contact us to put your estate plan in place — before you need it.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.