An Enduring Power of Attorney (“EPOA”) is a legal document in British Columbia that allows adults to appoint an individual, known as the attorney, to assist the adult with legal and financial matters. The attorney cannot use this document to make health or personal care decisions for the adult. This document does not allow the attorney to make or amend the adult’s Will. The adult has the option to specify other limitations in the EPOA as well. An EPOA allows the attorney to act for the adult in the event the adult loses mental capacity. An EPOA is not meant to take away any power from the adult. Most people want to continue to take care of their own legal and financial matters and only have the attorney act in the event the adult is away travelling, unable to run their errands due to physical illness or upon losing mental capacity due to dementia or Alzheimer’s. An EPOA is only valid while the adult is alive. It expires upon the death of the adult and that is when the Will comes into use.

Who can make an EPOA?

An adult, over the age of 19, with legal capacity can make an EPOA. The adult must be capable of comprehending the nature and effect of making the EPOA.

One is not in control of if and when they will lose mental capacity; therefore adults are encouraged to make an EPOA now. Spouses are mistaken to think that if they own joint property they can sign on behalf of each other. The only way to sign for your spouse on joint real estate is by having an EPOA for your spouse.

What happens if you cannot make an EPOA

Unfortunately, some people are not prepared and loved ones contact my office when a person has already lost their legal capacity to make an EPOA. In this situation, I am unable to assist. The loved one would have to hire a lawyer to get committeeship to handle the adult’s legal and financial matters. Committeeship is a lengthy and expensive process involving a lawyer and the court.

Choosing an Attorney

Check back soon for Part 2 of this series to learn more about an Enduring Power of Attorney in British Columbia.