An Enduring Power of Attorney (EPA) is a legal document created under the Power of Attorney Act, RSBC 1996, c. 370, that allows an adult (the donor) to appoint another person (the attorney) to make financial and legal decisions on their behalf. Unlike a general power of attorney, it continues to be effective even if the donor later becomes mentally incapable. The EPA must meet specific statutory requirements to be valid and enduring.

Yes, an attorney under a valid Enduring POA may buy, sell, or otherwise deal with the donor's real property in BC, provided the EPA document grants those specific powers. The Land Title and Survey Authority of BC will typically require the attorney to file the original or a notarized copy of the EPA when registering a dealing. Verify current LTSA registration requirements with a BC lawyer or notary before acting.

Yes, that is the defining feature of an Enduring Power of Attorney under the Power of Attorney Act, RSBC 1996, c. 370. A properly executed EPA expressly states that it continues (endures) despite the donor's subsequent mental incapacity. Without such enduring language, a standard power of attorney terminates upon the donor's incapacity.

The donor may appoint any adult (19 years or older in BC) who is capable of managing the donor's affairs and who consents to the appointment. The attorney must not be a person who is being paid to provide personal care or health care services to the donor at the time of appointment, unless they are the donor's spouse, child, parent, or sibling. Verify eligibility and consent requirements under the Power of Attorney Act, RSBC 1996, c. 370, with a BC lawyer or notary.

Yes. Under the Power of Attorney Act, RSBC 1996, c. 370, an Enduring POA must be signed by the donor in the presence of two witnesses who are both present at the same time, or be executed before a notary public. The witnesses must also sign, and certain persons (such as the appointed attorney or their spouse) cannot act as witnesses. Verify current execution formalities with a BC notary or lawyer before signing.

Yes. The donor may appoint multiple attorneys and specify whether they must act jointly (all decisions together), severally (each may act independently), or jointly and severally (any combination). The donor should clearly state the manner of appointment in the EPA document. Ambiguity about joint versus several authority can cause problems in real estate transactions, so verify drafting with a BC lawyer or notary.

An Enduring Power of Attorney automatically terminates upon the donor's death. After death, authority over the deceased's estate passes to the executor or administrator under the Wills, Estates and Succession Act, SBC 2009, c. 13. The attorney under an EPA has no authority to deal with real estate or other assets once the donor has died.

Yes, provided the donor is mentally capable at the time of revocation. The donor may revoke or amend an Enduring POA by executing a written notice of revocation and delivering it to the attorney, or by executing a new EPA that expressly revokes the earlier one. Verify current revocation formalities and notice requirements under the Power of Attorney Act, RSBC 1996, c. 370, with a BC lawyer or notary before acting.

The Land Title and Survey Authority of BC typically requires either the original EPA or a notarized true copy when the attorney signs a transfer, mortgage, or other instrument dealing with land. Some registry offices may accept a lawyer's certified copy in certain circumstances. Verify current LTSA filing requirements and accepted copy formats with your BC lawyer or notary before submitting documents.

No. An Enduring Power of Attorney (under the Power of Attorney Act, RSBC 1996, c. 370) grants authority over financial and legal matters only. A Representation Agreement (under the Representation Agreement Act, RSBC 1996, c. 405) grants authority over personal care and health care decisions. They are separate documents serving different purposes, and many BC adults execute both to cover all areas of decision-making.