Happy Law Notary Public
Power of Attorney Vancouver
Protect your financial affairs by authorizing someone you trust to act on your behalf while you remain capable.
What Is a Power of Attorney?
Explain that this document authorizes another person (Attorney) to conduct legal and financial business.
Examples include:
- banking
- investments
- insurance
- taxes
- property transactions
- contracts
An attorney can be appointed to act on your behalf, for a limited time, while travelling, working overseas, recovering from illness, or simply to make life easier.
What Can My Attorney Do?
Your attorney can:
- Pay bills
- Deposit cheques
- Access bank accounts
- Manage investments
- Buy or sell property (if authorized)
- File taxes
- Deal with CRA
- Sign legal documents
What Can’t My Attorney Do?
Your attorney cannot:
- make your Will
- vote for you
- marry for you
- consent to marriage
- make health care decisions
- make personal care decisions
To make health care and personal care decisions on your behalf a representation agreement is needed.
Who can Be My Attorney?
The person you choose as your Attorney or alternate attorney should:
- trustworthy
- available to help
- demonstrate financial responsibility
- communicate well
What are an Attorney’s Responsibilities?
Under British Columbia law, an Attorney must:
- Act honestly and in good faith
- Exercise reasonable care and diligence
- Act in the adult’s best interests, taking into account your known wishes, beliefs and values
- Encourage your involvement in decisions
- Keep your property separate from their own
- Maintain accurate financial records
- Act only within the authority the document grants
- Not to dispose of property that you own or that yo have left to others in a Will, unless you direct this activity in the power of attorney.
Can My Attorney Sell My Home?
Possibly — a Power of Attorney can authorize your Attorney to deal with real property, depending on how the document is worded and any applicable legal requirements. If you want your Attorney to have (or not have) this authority, let us know during your appointment so we can draft accordingly.
What to Bring to Your Appointment
We’ll generally discuss:
- Your family circumstances
- Who you’d like to appoint (and any alternates)
- Whether Attorneys will act jointly or separately
- Any restrictions on their authority
- Your financial circumstances and property
- Your future planning goals
What Happens During the Process
- Initial consultation
- Discussion of your objectives
- Collection of required information
- Preparation of the document
- Review of the draft
- Answering your questions
- Signing appointment
- Delivery of your completed document
Your Attorneys generally don’t need to attend your signing appointment.
When you May Need a Lawyer
We may recommend referral to a lawyer for matters such as:
- Complex business interests
- Trust planning
- International assets
- Disputed capacity
- Litigation
- Significant tax planning
Frequently Asked Questions
Can I cancel my Power of Attorney?
Generally, yes — if you remain mentally capable, you can usually revoke it.
Can I appoint more than one Attorney?
Yes. Many people appoint multiple Attorneys and alternates.
Does my Attorney have authority over my health care?
No. A Power of Attorney covers financial and legal matters only. Health care and personal care decisions are generally handled through a Representation Agreement.
Does a Power of Attorney avoid probate?
No. A Power of Attorney ends at death. After that, your Executor acts under your Will. You need to speak with a lawyer on matters related to probate.
What happens if I lose capacity without an Enduring Power of Attorney?
Family members may need to go through legal processes before they can manage your affairs. Preparing an Enduring Power of Attorney in advance helps avoid that delay and uncertainty.
Book a Power of Attorney Appointment
Protecting yourself and your family starts with having the right documents in place. We offer appointment-based Power of Attorney services for clients throughout Vancouver and British Columbia, in a confidential, professional setting.