What an enduring power of attorney does
B.C. government guidance describes an enduring power of attorney as a legal document used to appoint another person to make financial and legal decisions. Under B.C.'s Power of Attorney Act, an enduring power of attorney must address when the attorney may exercise authority and state that the authority continues despite the adult's incapability.
This is different from appointing someone to make personal or health-care decisions. Incapacity planning can involve several documents, each with a different legal function.
Choosing an attorney requires more than trust
The attorney may be given substantial control over banking, property, contracts and other financial affairs. Consider reliability, record-keeping ability, location, family dynamics and whether the proposed attorney can manage conflicts of interest. Discussing the role in advance can expose practical problems before the document is signed.
Authority can be tailored
An enduring power of attorney can be drafted around the adult's objectives and legal requirements. Questions may include whether authority starts immediately or only in specified circumstances, whether multiple attorneys act together or separately, and whether any powers should be restricted.
Attorneys have record-keeping duties
B.C.'s Power of Attorney Regulation requires an attorney acting under an enduring power of attorney to make reasonable efforts to determine the adult's property and liabilities when authority is first exercised and to maintain specified records. The role is therefore an ongoing legal responsibility, not simply permission to use another person's bank account.
Signing requirements matter
The Act contains execution and witness requirements for enduring powers of attorney. Do not assume that a generic form from another province or an unsigned digital draft will have the intended effect in B.C. The province provides incapacity-planning information and voluntary forms, but legal advice can be useful where there is significant property, family conflict, business ownership or a concern about capacity.
Questions to organize before estate-planning advice
- Who should manage financial affairs if you cannot?
- Should more than one attorney be appointed?
- Do you own a business or property that requires special authority?
- Are there family conflicts that could complicate the appointment?
- Where will the original documents be stored?
- How does the plan coordinate with your will and other incapacity documents?
Related estate-planning guides
See Burnaby wills and estates for the broader planning picture and probate and estate administration for what happens after death. The province also maintains current incapacity-planning information.