Power Of Attorney

Power Of Attorney

An Enduring Power of Attorney (EPA) is a legal document in British Columbia, governed by Parts 2 and 3 of the BC Power of Attorney Act.

What Can You Authorize in an EPA?

An Enduring Power of Attorney, without restrictions, allows your appointed attorneys (the individuals you designate in your EPA) to make decisions on your behalf regarding your financial affairs, including business and property matters, as well as legal affairs.

You have the option to modify or expand these authorities by including specific provisions in the EPA.

It’s important to note that an EPA may not apply to assets you own, such as real estate, in another province, territory, or country. Consulting a lawyer or notary public is advisable in these cases.

Who Can Create an EPA?

Adults aged 19 or older in BC can create an EPA, provided they are capable of understanding the nature and consequences of the document. To be considered capable, you must understand:

• What you own and its approximate value;
• Your obligations to dependents, such as a spouse or minor children;
• That the person you appoint (the attorney) will have the authority to manage any financial and legal affairs on your behalf, except for making a Will. Their authority is subject to any conditions or restrictions you include in the EPA;
• That, unless managed responsibly, the value of your assets may decrease;
• That the person you appoint might misuse their authority; and
• That you have the right to revoke (cancel) the EPA as long as you remain capable.

When Can an EPA Be Used?

An Enduring Power of Attorney is intended for use during your lifetime; it has no effect after your death.

The term “enduring” refers to the EPA’s ability to remain in effect even if you become mentally incapable, allowing your appointed attorneys to continue managing your financial and legal matters.

There are several reasons you might include wording in your EPA to ensure it remains in effect while you are still capable. This doesn’t prevent you from managing your own affairs, and you can revoke the EPA if you are still capable. For example:

• You may want your attorney to manage or assist with your finances and legal matters if you are temporarily ill, injured, or traveling out of town;
• Mental incapacity is not always sudden—it can develop gradually or fluctuate, as seen in conditions like dementia;
• Requiring a medical assessment to determine incapacity (when the EPA is contingent on such a condition) can lead to delays, costs, and uncertainty, particularly if your mental capacity fluctuates;
• You might consider why you wouldn’t trust your appointed attorneys to manage your affairs while you are capable if they would have that responsibility when you are mentally incapable.