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Get an Enduring Power of Attorney. Vancouver BC Notary Answers Your Questions

This article explains how an Enduring 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 can also visit VancouverNotary.biz for further information. 

What is a Power of Attorney?

A Power of Attorney is a legal document that gives a person the ability to act on your behalf for your financial and legal affairs. You appoint an 'Attorney' to act on your behalf, which is why it is called a Power of "Attorney", though the attorney in this case isn't actually a lawyer.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney allows your Attorney to continue to act even after you lose mental capacity.

What are the Requirements?

The Principal (the individual who gives the Enduring Power of Attorney) must be 19 years or older. When the Principal signs, they must be of sound mind and must not be coerced. The Attorney may then exercise authority while the Principal is both capable or incapable of handling their affairs.

Why is it Important to have an Enduring Power of Attorney?

An Enduring Power of Attorney is simple and inexpensive. If you are unable to look after your affairs due to mental incapacity or physical injury, the designated person can look after your affairs on your behalf. This includes paying your bills, dealing with legal matters and property, etc.  Without an Enduring Power of Attorney, a court application is required to have someone appointed to look after your affairs. This takes tiem and is stressful, not to mention being quite expensive.

Who can I appoint as my Attorney?

You can appoint a family member or close friend, etc. as your Attorney. Whoever you appoint, it is important that you trust them, as they will have the power to manage your legal and financial affairs. 

Can you have more than one Attorney?

You can appoint one Attorney, an alternate Attorney (if the first attorney is unable or unwilling to act). You can also appoint more than one person as your Attorney, and they may make decisions either unanimously or individually - depending on what you choose.

Who can Witness an Enduring Power of Attorney?

Witness requirements are strict and complicated. It is safest to get your Enduring Power of Attorney witnessed by a BC lawyer or Notary Public, such as the professionals at Brosgall Legal.

How can a Power of Attorney be Used?

A Power of Attorney can be 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, an Enduring Power of Attorney is effective immediately, and may be cancelled at any time while you are capable of doing so. 

International Legalization of Powers of Attorney

Many of our clients require a Power of Attorney to deal with their real estate holdings, etc. 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 Power of Attorney Services

If you have health and mobility issues, or special needs that make it difficult or impossible to visit our office, Brosgall Legal offers mobile notary services in and around Vancouver, BC. With this service, we come to you. We pre-prepare your Power of Attorney with information you provide to us ahead of time, and we take care of the swearing and signing at your location when we meet. Everything is trouble-free and efficient. You pick the time and place (home, office, hotel, nursing home, or hospital, etc.) and we come fully prepared and equipped with our notarial seal and all required stamps. With our 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 Enduring Powers of Attorney (for local or international use). 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.

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