A power of attorney lets someone else handle your financial affairs if you can't. In BC, getting this right — before you need it — can prevent a costly court application that could otherwise be avoided.
A power of attorney is a legal document that gives another person — called your attorney — the authority to make financial and legal decisions on your behalf. In BC, it is one of the most important documents in any estate plan, and one of the most misunderstood.
Types of Power of Attorney in BC
General Power of Attorney
A general power of attorney takes effect immediately and remains valid only while you are mentally capable. It is useful for specific situations — authorizing someone to complete a real estate transaction while you are out of the country, for example — but it ends if you become incapacitated. For most estate planning purposes, this is not what you need.
Enduring Power of Attorney (EPOA)
An enduring power of attorney is the document most people should have. It either:
- Takes effect immediately and continues even if you lose mental capacity, or
- Is a "springing" EPOA that only takes effect when you become mentally incapable (triggered by a certificate from one or two doctors, depending on how it is drafted)
An EPOA is the key tool for planning ahead for incapacity. Without one, if you lose capacity, your family may have to apply to the BC Supreme Court to be appointed your committee — a slow, expensive process that can take months.
What an Attorney Can Do
Under a power of attorney, your attorney can:
- Manage bank accounts and investments
- Pay bills and manage ongoing expenses
- File tax returns
- Buy and sell property on your behalf (if authorized)
- Manage business interests (if authorized)
- Make legal decisions on your behalf
What an Attorney Cannot Do
A power of attorney does not cover healthcare decisions. For those, you need a Representation Agreement under BC's *Representation Agreement Act* — a separate document that names someone to make medical and personal care decisions if you are unable to.
An attorney also cannot:
- Make or change your will
- Make gifts to themselves (unless the document specifically permits it)
- Act in their own interest rather than yours
Who Should Be Your Attorney?
Your attorney should be someone you trust completely — not just to act honestly, but to understand your wishes and exercise sound judgment under pressure. Common choices include:
- A spouse or long-term partner
- An adult child
- A trusted friend
- A professional (lawyer, accountant, or trust company) for complex situations
You can name more than one attorney, either to act jointly (both must agree on everything) or jointly and severally (each can act independently). You can also name an alternate attorney in case your first choice is unable to act.
BC Requirements for a Valid EPOA
Under BC's *Power of Attorney Act*, an enduring power of attorney must be:
- In writing
- Signed by the donor (you) in front of two witnesses, or before a notary public or lawyer
- Witnessed by adults who are not your attorney, not your attorney's spouse, and not your spouse or child
- Contain a statement that it is intended to be enduring
When Should You Make an EPOA?
The right time is before you need it. An EPOA can only be made while you are mentally capable of understanding the document and the authority it grants. Once capacity is lost, it is too late — and the alternative is a court-supervised committee application.
Most people in good health between the ages of 19 and 60 never expect to need this. But accidents, sudden illness, and early-onset conditions don't give notice. Making an EPOA now, while it is simple and inexpensive, is one of the most practical things you can do for yourself and your family.
A power of attorney covers financial and legal decisions. A representation agreement covers healthcare and personal care decisions. Both are needed for comprehensive incapacity planning in BC — they are separate documents that complement each other. Having only one means you are unprotected in the other area.
Yes, if the power of attorney specifically authorizes it. The document must be registered at the BC Land Title Office before your attorney can complete a real estate transaction on your behalf. General authority to manage property usually includes real estate, but a lawyer should review the document before any sale proceeds.
Yes, at any time while you are mentally capable, you can revoke a power of attorney by signing a written revocation and notifying your attorney and any institutions relying on the document. It is important to notify banks, investment firms, and anyone else who has a copy — a revocation that your attorney doesn't know about may not stop them from acting.
If you lose mental capacity without an EPOA in place, your family must apply to the BC Supreme Court to be appointed as your 'committee' under the Patients Property Act. This process can take several months, involves legal fees, and places ongoing reporting obligations on the committee. It is the scenario an EPOA is designed to avoid.