This article explains how a Power of Attorney works, and how Brosgall Legal | Notary Services can assist. A Power of Attorney ("POA") 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 604-685-2326. 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 "Principal") the ability to act on your behalf for your financial and legal affairs. You appoint someone - called 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 an actual lawyer.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney allows your Attorney to continue to act even if you become mentally incapable after you sign the POA. This could be due to dementia, stroke, or catastrophic injury, etc.
What are the Requirements?
The Principal (the individual who makes a Power of Attorney) must be 19 years or older. When the Principal signs their POA, he or she must be of sound mind and must not be coerced or under undue influence. With an Enduring POA, your Attorney may exercise authority while the Principal is both capable or if they become incapable of handling their affairs at a later date.
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 "Committee" application is required to have someone appointed to look after your affairs. This takes time 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. They must be an adult. 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. Co-Attorneys may make decisions either unanimously (Jointly) or individually (Severally) - 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 for convenience, incapacity or absence. Some examples include:
- To get organized before becoming incapacitated due to physical or mental health issues
- To make it easier for your loved ones to take care of you as you age
- If you suspect you may eventually suffer from Alzheimer's or other forms of dementia
- If you want a trusted person to completely take care of bill-paying, day-to-day banking, and financial management
- If you need assistance taking care of your finances
- If you need someone to sign real estate documentation on your behalf
- If you want to avoid a loved one having to go to court to apply for a 'Committeeship'
- You do not want the Public Guardian and Trustee of B.C. to take over your affairs
- You are out of town or otherwise unavailable.
Whatever your reason, a Power of Attorney or an Enduring POA 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'. Brosgall Legal | Apostille Services frequently assists with the Apostille process to make your POA valid in other countries. Please read our article about Apostilles, and then call us for more information. A sample Apostille certificate is attached below.
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 Powers of Attorney (for local use, or Apostlled for international use). If you have any questions, please feel free to send us an email, or call 604-685-2326 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.
