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

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Visit ... to learn more about Powers of Attorney. M. J. O’Nions Lawyer & Mediator can draft a Power of Attorney that truly reflects your wishes. Enduring Power of Attorney - Estate Lawyer in Vancouver B.C. 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 financial matters. – PowerPoint PPT presentation

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Title: 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.

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.

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.

5
What is a Springing Power of Attorney?
  • A  Springing Power of Attorney is an Enduring
    Power of Attorney where the attorneys 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.

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.

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.

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.

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.

10
More Information about Power of Attorney
  • Visit our website
  • http//www.mjonions.com/
  • Or call us directly
  • 604-697-0996
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