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Power of Attorney
Enduring Power of Attorney in BC – Vancouver Estate Lawyer
What is a Power of Attorney?
A Power of Attorney is a legal
document giving a person the
authority to act on your behalf
on legal and financial matters.
The person you appoint to act
on your behalf is called an
“attorney” and it is not to be
confused with a lawyer.
Copyright © M.J. O’Nions Lawyers & Mediators
What is an Enduring Power of Attorney?
An Enduring Power of Attorney specifically allows
the Power of Attorney to continue to be in effect
beyond the incapacity of the individual. In other
words, instead of the Power of Attorney ending at the
point the person is unable to manage his or her
affairs, it continues beyond the point of incapacity.
Copyright © M.J. O’Nions Lawyers & Mediators
What are the Requirements of an
Enduring Power of Attorney?
An individual who makes an Enduring Power
of Attorney must be an adult (the age of
majority in B.C. is 19 years of age). He or
she must be of sound mind at the time of
signing the Enduring Power of Attorney and
must not be unduly influenced or coerced
into signing the Enduring Power of Attorney.
Copyright © M.J. O’Nions Lawyers & Mediators
What is a Springing Power of Attorney?
 A Springing Power of
Attorney is an Enduring
Power of Attorney where the
attorney’s authority can be
exercised only if certain
events occur.
 A Springing Power of
Attorney is usually created
when a person is reluctant to
empower their attorney to act
immediately.
 A Springing Power of
Attorney is not without its
drawbacks.
Copyright © M.J. O’Nions Lawyers & Mediators
Why is having an Enduring Power of
Attorney important?
An Enduring Power of Attorney is a simple and
inexpensive, yet essential part of an estate plan. Should
you be unable to look after your affairs due to mental
incapacity or physical injury, it is important that you have
designated someone you trust to look after your affairs
on your behalf.
Should you not have an Enduring Power of Attorney, a
member of your family will have to make a court
application to be appointed to look after your affairs.
Copyright © M.J. O’Nions Lawyers & Mediators
In my Enduring Power of Attorney who
can I appoint as my Attorney?
In an Enduring Power of Attorney you can appoint a
family member, close trusted friend, lawyer, trust
company etc., as your attorney. It is important that
your attorney is someone you trust. He or she must
be an adult and be capable of being an attorney.
Copyright © M.J. O’Nions Lawyers & Mediators
Can you have more than one Attorney in
an Enduring Power of Attorney?
Yes, you can appoint one person
and an alternate attorney should
the first attorney be unable or
unwilling to act as your attorney.
You can also appoint more than
one person as your Attorney and
have them make decisions either
unanimously or individually.
Copyright © M.J. O’Nions Lawyers & Mediators
Who can Witness an Enduring Power of
Attorney?
The witness requirements for an Enduring Power of Attorney are
quite complicated. As such, we strongly recommend that an Enduring
Power of Attorney is witnessed by either a lawyer who is a member
with the Law Society of British Columbia, or a Notary Public who is a
member in good standing with the Society of Notaries Public of
British Columbia. By having your Enduring Power of Attorney
witnessed by a Lawyer or Notary Public, you can ensure that your
Enduring Power of Attorney can be registered with land titles to deal
with real estate issues should it be necessary.
Copyright © M.J. O’Nions Lawyers & Mediators
More Information about Power of
Attorney
Copyright © M.J. O’Nions Lawyers & Mediators
Visit our website:
http://www.mjonions.com/
Or call us directly:
604-697-0996

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Enduring Power of Attorney - Estate Lawyer in Vancouver B.C.

  • 1. Power of Attorney Enduring Power of Attorney in BC – Vancouver Estate Lawyer
  • 2. What is a Power of Attorney? A Power of Attorney is a legal document giving a person the authority to act on your behalf on legal and financial matters. The person you appoint to act on your behalf is called an “attorney” and it is not to be confused with a lawyer. Copyright © M.J. O’Nions Lawyers & Mediators
  • 3. What is an Enduring Power of Attorney? An Enduring Power of Attorney specifically allows the Power of Attorney to continue to be in effect beyond the incapacity of the individual. In other words, instead of the Power of Attorney ending at the point the person is unable to manage his or her affairs, it continues beyond the point of incapacity. Copyright © M.J. O’Nions Lawyers & Mediators
  • 4. What are the Requirements of an Enduring Power of Attorney? An individual who makes an Enduring Power of Attorney must be an adult (the age of majority in B.C. is 19 years of age). He or she must be of sound mind at the time of signing the Enduring Power of Attorney and must not be unduly influenced or coerced into signing the Enduring Power of Attorney. Copyright © M.J. O’Nions Lawyers & Mediators
  • 5. What is a Springing Power of Attorney?  A Springing Power of Attorney is an Enduring Power of Attorney where the attorney’s authority can be exercised only if certain events occur.  A Springing Power of Attorney is usually created when a person is reluctant to empower their attorney to act immediately.  A Springing Power of Attorney is not without its drawbacks. Copyright © M.J. O’Nions Lawyers & Mediators
  • 6. Why is having an Enduring Power of Attorney important? An Enduring Power of Attorney is a simple and inexpensive, yet essential part of an estate plan. Should you be unable to look after your affairs due to mental incapacity or physical injury, it is important that you have designated someone you trust to look after your affairs on your behalf. Should you not have an Enduring Power of Attorney, a member of your family will have to make a court application to be appointed to look after your affairs. Copyright © M.J. O’Nions Lawyers & Mediators
  • 7. In my Enduring Power of Attorney who can I appoint as my Attorney? In an Enduring Power of Attorney you can appoint a family member, close trusted friend, lawyer, trust company etc., as your attorney. It is important that your attorney is someone you trust. He or she must be an adult and be capable of being an attorney. Copyright © M.J. O’Nions Lawyers & Mediators
  • 8. Can you have more than one Attorney in an Enduring Power of Attorney? Yes, you can appoint one person and an alternate attorney should the first attorney be unable or unwilling to act as your attorney. You can also appoint more than one person as your Attorney and have them make decisions either unanimously or individually. Copyright © M.J. O’Nions Lawyers & Mediators
  • 9. Who can Witness an Enduring Power of Attorney? The witness requirements for an Enduring Power of Attorney are quite complicated. As such, we strongly recommend that an Enduring Power of Attorney is witnessed by either a lawyer who is a member with the Law Society of British Columbia, or a Notary Public who is a member in good standing with the Society of Notaries Public of British Columbia. By having your Enduring Power of Attorney witnessed by a Lawyer or Notary Public, you can ensure that your Enduring Power of Attorney can be registered with land titles to deal with real estate issues should it be necessary. Copyright © M.J. O’Nions Lawyers & Mediators
  • 10. More Information about Power of Attorney Copyright © M.J. O’Nions Lawyers & Mediators Visit our website: http://www.mjonions.com/ Or call us directly: 604-697-0996