If you’re wanting to appoint someone you trust to manage your affairs, a notary public can assist with your Power of Attorney needs. Here’s what you should consider along the way.
Need personalized guidance? Call our office at (604) 731-8118 today.
What Is a Power of Attorney?
A Power of Attorney (POA) is a legal document that grants another person (the “attorney”) the authority to act on your behalf regarding financial or legal matters.
Here’s a breakdown of the main types of POA in British Columbia:
- General Power of Attorney: This grants authority over financial matters, but it becomes void if the person creating it (the “donor”) loses mental capacity.
- Enduring Power of Attorney: This remains valid even if the donor becomes mentally incapable, which is especially valuable for long-term planning.
In British Columbia, the laws around POA are laid out in the Power of Attorney Act (RSBC 1996, c.370), which outlines who can prepare these documents and the requirements they must meet.
What Does a Notary Do for a Power of Attorney?
In British Columbia, notaries are legally empowered to prepare and witness POA documents—meaning you can count on us for comprehensive support. Here’s what we do to make this process smooth and legally secure:
- Drafting the Power of Attorney: We work with you to create a POA document that aligns with your needs and follows all relevant legal standards.
- Providing Guidance: We explain what a POA entails, the powers you’re granting, and the responsibilities it places on your chosen attorney.
- Witnessing and Notarizing: We witness your signature to ensure that the document is legally valid, with the required number of witnesses (two adults, or one notary public).
Legal Requirements for Power of Attorney in BC
Creating a POA is a legally binding decision that must follow specific steps to be enforceable. Here’s what the Power of Attorney Act requires for a valid POA in British Columbia:
- Capacity Requirements: The donor (the person granting the POA) must be at least 19 years old and capable of understanding the nature and impact of the POA. They should clearly understand what powers they’re giving their attorney.
- Proper Execution: The POA must be signed in the presence of two adult witnesses who are not related to the donor or attorney. Alternatively, one notary public or lawyer can serve as the sole witness, simplifying the process. In some cases, the POA must be signed with a lawyer or notary.
These legal requirements ensure that your POA is binding and minimizes the risk of future disputes over its validity.
How a Notary Helps with Enduring Power of Attorney
When it comes to planning for long-term situations, an Enduring Power of Attorney is recommended. This type of POA continues even if you lose mental capacity, which is invaluable if you want to ensure continuity of care in case of illness or age-related incapacity.
Here’s how we help:
- Explanation of Long-Term Implications: We go over the scope and limitations of an Enduring POA, helping you understand what you’re authorizing.
- Document Customization: We draft your Enduring POA based on your specific needs, whether you’re assigning authority over all financial matters or limiting it to particular tasks.
- Peace of Mind: Knowing that your affairs will be managed by someone you trust—even if you’re unable to make decisions yourself—offers peace of mind.
Additional Legal Safeguards for Enduring POA
Under the Power of Attorney Act, an Enduring POA has specific provisions to protect vulnerable individuals. For example, the attorney is legally required to act in the best interests of the donor at all times, reinforcing the trust you place in this arrangement.
Benefits of Working with a Notary on Power of Attorney
A notary’s role ensures your Power of Attorney is thorough, accurate, and legally compliant. Here’s why working with a notary is advantageous:
- Expertise in Document Preparation: We understand the nuances of BC law, ensuring your POA aligns with the Power of Attorney Act’s standards.
- Impartial Advice: Notaries provide objective guidance. We’re here to help you make informed choices without exerting personal influence.
- Legal Witnessing and Notarization: Our witnessing and notarization confirm the authenticity of your document, giving it added credibility and security.
By choosing a notary, you’re ensuring that your POA is legally robust, which minimizes the potential for legal challenges or complications down the road.
Common Questions About Power of Attorney with a Notary
Here are some frequently asked questions about creating a POA through a notary:
- Can I still change my POA after it’s notarized?
- Yes, you can modify or revoke your POA as long as you’re mentally capable of doing so. We can assist with any amendments or revocations.
- Is a notarized POA valid outside of British Columbia?
- While a notarized POA is valid within BC, different provinces or countries have varying requirements. If your POA needs to be recognized internationally, we can advise you on additional steps, such as obtaining an apostille or government authentication.
Safeguard Your Future with Leonard M. Cohen – Lawyer and Notary Public
By working with a notary public, you’re ensuring that your document is legally sound, carefully crafted, and ready to protect your interests.
Protect your peace of mind—call our office at (604) 731-8118 today to get started on your Power of Attorney and trust that your future is in secure hands.
Disclaimer: The material on this website is for general information only. It is not, nor is it to be relied on, as legal advice or advice about what you might require. Every person’s situation is individual and unique. Determining what is appropriate about any situation can only be given upon a full review of all relevant information. Contact our office to review your circumstances.
Leonard M. Cohen - Lawyer and Notary Public 