What Can an Attorney Do and Not Do Under a Power of Attorney in BC?
This answer covers the law of British Columbia.
Under a BC enduring power of attorney, an attorney can make decisions about the adult's financial affairs, and the document can give general powers or only specific ones. Health care and personal care decisions are not part of it, because those are made through representation agreements and advance directives. An attorney also cannot make or change a will for the adult, and any will or change they make has no force or effect.
An attorney must act honestly and in good faith, use the care, diligence and skill of a reasonably prudent person, and keep the prescribed records. They must keep the adult's property separate from their own, except property they own jointly with the adult unless the document says otherwise. Investments must follow the Trustee Act unless the document says otherwise. They cannot be paid unless the document expressly authorizes it and sets the amount or rate, though reasonable expenses can be reimbursed.
Gifts and loans are also restricted unless the document permits them, or strict conditions are met. The exact scope depends on the wording of the document, so it is worth confirming with a lawyer.
Key takeaways
- An attorney can make decisions about the adult's financial affairs, with general powers or only specific ones, depending on the document.
- An attorney cannot make or change a will for the adult, and any will or change they make has no force or effect.
- An attorney must act honestly, with the care of a reasonably prudent person, and must keep the adult's property separate from their own.
- An attorney cannot be paid unless the document expressly authorizes it and sets the amount or rate, though reasonable expenses can be reimbursed.