- If you name two or more attorneys, they must act unanimously unless the document says otherwise.
- Each attorney must sign the document in front of 2 witnesses before acting.
- An attorney's authority ends on events such as resignation, death, incapacity or bankruptcy, so plan for gaps.
When you make an enduring power of attorney, you may not want to rely on just one person. You might want two children to share the job, or a backup if your first choice cannot act.
British Columbia law allows more than one attorney, and it sets a default rule for how they work together. The wording of your document matters, so a lawyer can help you choose and draft it.
This article covers the law of British Columbia.
The default rule: act unanimously
If two or more attorneys are named, they must act unanimously unless the enduring power of attorney says otherwise. This means all of them must agree on each decision, unless you have written something different into the document.
An attorney can be given general powers or only specific ones. That gives you room to divide up responsibilities, but the document should say clearly how you want that to work.
Joint, separate and successive arrangements
| Arrangement | How it works in BC |
|---|---|
| Acting together (joint) | This is the default when two or more are named. |
| Acting separately | Allowed only if the document says otherwise than unanimous action. |
| One after another (successive) | Depends on how the document is worded. Authority ends if an attorney resigns, dies, becomes incapable or goes bankrupt, among other events. |
If you want attorneys to act separately, or a replacement to step in, say so plainly in the document. Vague wording can leave your attorneys unsure of their authority. A lawyer can confirm the right wording for your plan.
Practical risks to weigh
- Deadlock: with a unanimity rule, one attorney who disagrees can hold up a decision.
- Gaps: an attorney's authority ends automatically if they die, resign, become incapable, or go bankrupt.
- Conflict: each attorney has the same duties, including acting honestly and in good faith and keeping records.
- Mixing money: the attorney must keep your property separate from their own, with an exception for property you and the attorney own jointly unless the document says otherwise.
- Pay: an attorney must not be paid unless the document expressly authorizes payment and sets the amount or rate.
An attorney also cannot generally hand their decision-making over to someone else. So if you want help from a second person, name them as an attorney rather than expecting the first attorney to delegate.
Who can be named, and how they start
An individual may be an attorney unless they provide personal care or health care services to you for pay, or are an employee of the facility where you live. A child, parent or spouse can still be named even if they are a paid caregiver or facility employee. A person under 19 may be named but cannot act until they turn 19.
Each attorney must also sign the document in front of 2 witnesses before acting under it. Witnesses cannot be anyone named as attorney, or the spouse, child or parent of a named attorney. If you want the document to start only on incapacity, it must say how that is to be confirmed and by whom.
What to do next
- Decide whether you want your attorneys to act together, separately or in order.
- Choose people who can work together and who are eligible to act.
- Decide when the document starts, and how incapacity would be confirmed if it starts only then.
- Ask a lawyer to write the document so your instructions on joint or separate action are clear.
- Make sure each attorney signs in front of the required witnesses before acting.
Frequently asked questions
Do two attorneys have to agree on everything?
Yes, unless the document says otherwise. If two or more attorneys are named, they must act unanimously by default.
Can I name a backup attorney?
How a replacement steps in depends on how your document is written. An attorney's authority ends automatically on events such as resignation, death, incapacity or bankruptcy. A lawyer can confirm wording that covers those situations.
Can my attorneys be paid?
Only if the document expressly authorizes payment and sets the amount or rate. They may be reimbursed for reasonable expenses properly incurred while acting.
Does each attorney have to sign the document?
Yes. The attorney must sign the enduring power of attorney in front of 2 witnesses before acting under it. The document takes effect on the latest of the signing by you and an attorney, any stated date, or a named triggering event being confirmed.
Sources
- Power of Attorney Act, s. 13(2) — bclaws.gov.bc.ca
- Power of Attorney Regulation, B.C. Reg. 20/2011, s. 2 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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