How Many Witnesses Are Needed to Sign an Enduring Power of Attorney in BC?
This answer covers the law of British Columbia.
In BC, an enduring power of attorney generally must be in writing and signed and dated by the adult in front of 2 witnesses, and both witnesses must sign in front of the adult. If the witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia, one witness is enough.
Some people cannot witness: anyone named as attorney, the spouse, child or parent of a named attorney, an employee or agent of a named attorney, anyone under 19, and anyone who does not understand how the adult communicates. The employee or agent ban does not apply where the named attorney is a lawyer, a notary, the Public Guardian and Trustee, or an authorized financial institution. A person who does not understand the adult's way of communicating may still witness if interpretive help is provided.
If the adult is physically unable to sign, someone else may sign at their direction, but that person cannot be a witness. Documents meant for real estate use must also meet Land Title Act requirements. Special rules apply, so confirm with a lawyer.
Key takeaways
- The adult must sign and date the document in front of 2 witnesses, and both witnesses must sign in front of the adult.
- One witness is enough if that witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia.
- Anyone named as attorney, their spouse, child or parent, and anyone under 19 cannot witness.
- If the document will be used for real estate, it must also meet Land Title Act signing and witnessing requirements.