A Power of Attorney is a legal document that lets you to choose who will look after your legal and financial affairs when you are no longer able to do so yourself. With a Power of Attorney, capable adults may appoint another adult to handle their financial and legal affairs if they are either unable to do so, or if they need assistance in the future. A person giving a Power of Attorney is known as the 'Adult', and they appoint an 'Attorney' (which in this case does not mean a lawyer) to manage their real estate, financial, and legal affairs.
This article explains how a Power of Attorney works, and how Brosgall Legal | Notary Services can assist. A Power of Attorney can either be done in our office, or using our mobile notary service, at a hospital or nursing home, etc. If you have any questions, or want to book an appointment, please send us an email or call us at 604-685-ADAM [2326]. You may also visit our VancouverNotary.biz home page for further information.
WHO TO APPOINT IN YOUR POWER OF ATTORNEY?
Due to the power that is granted to someone else, it is important that the Adult fully understands the powers that are being granted when they sign a Power of Attorney. Section 12 of the Power of Attorney Act set out the competency requirments that must be met for an Adult to sign a Power of Attorney. In addition, the Adult must completely trust the person they are appointing as their Attorney.
WHAT CAN A POWER OF ATTORNEY BE USED FOR?
A Power of Attorney document is used by people who, due to incapacity or absence:
- Want to get organized before they become incapacitated due to physical or mental health issues
- Want to make it easier for their loved ones to take care of them as they age
- Suspect they may eventually suffer from Alzheimer's or other forms of dementia
- Want a trusted person to completely take care of bill-paying, day-to-day banking, and financial management
- Need assistance taking care of their finances
- Need someone to sign real estate documentation on their behalf
- Wish to avoid their loved ones having to go to court to apply for a 'Committeeship'
- Do not want the Public Guardian and Trustee of B.C. to take over their affairs
- Are out of town or otherwise unavailable.
Whatever your reason, a Power of Attorney gives someone else the legal power to take care of your financial and legal affairs. Once signed, a Power of Attorney is effective immediately, and generally may be cancelled at any time. A Power of Attorney is automatically cancelled when the Adult dies. Upon the Adults death, their Will becomes effective. You can read more about Personal Planning in this summary we wrote.
GENERAL, SPECIFIC & ENDURING
The two main types of Power of Attorney are Specific and General. There is also an optional Enduring clause, to make the Power of Attorney lasting.
- Specific Power of Attorney: This format is used when you only want the Power of Attorney to be used for a limited purpose or for a limited timeframe.
- General Power of Attorney: This format is used when you want the Power of Attorney to be valid for all purposes.
- Enduring Power of Attorney: A Power of Attorney may also be made Enduring. An Enduring Power of Attorney continues to be valid despite the Adult's future incapacity.
INTERNATIONAL NOTARIZATION, AUTHENTICATION & LEGALIZATION (APOSTILLE)
Many of our clients require a Power of Attorney to deal with their real estate holdings in other countries. Usually, the foreign jurisdiction requires that the Power of Attorny be 'Apostilled'. As Apostilles are not issued in Canada, Brosgall Legal frequently prepares the equivalent Authentication and Legalization. Please read our article about Apostilles, and then call us for more information.
MOBILE SERVICE
Perhaps you have health and mobility issues, or special needs that make it difficult or impossible to visit our notary office to make your Power of Attorney. Brosgall Legal offers mobile notary services in and around Vancouver, BC, and we would be pleased to assist. With this service, we come to you. We'll pre-prepare your Power of Attorney with information you provide to us ahead of time, and we'll take care of the swearing and signing at your location when we meet. Everything is trouble-free and efficient.
BOOK AN APPOINTMENT TODAY
You pick the time and place... meetings can take place at your home, office, hotel, nursing home, hospital (St. Paul's or VGH), or even a local coffee shop, etc. We'll visit your location fully prepared, and equipped with our notarial seal and all required stamps. With Brosgall Legal's mobile notary service, everything is done at your location, and at your convenience.
VANCOUVER NOTARY PUBLIC, COMMISSIONER OF OATHS, AND LAWYER
Brosgall Legal's owner and principal, Adam Brosgall, is an experienced Vancouver Notary Public, Commissioner of Oaths, and Lawyer. He is fully qualified, licenced, and insured to draft and swear Powers of Attorney. If you have any questions, please feel free to send us an email, or call 604-685-ADAM [2326] to book an appointment or mobile visit. Same day service and walk-ins are welcome. Please see our Vancouver Notary home page for our other services, and we look forward to seeing you.