Power of Attorney Signed Outside BC: Is It Valid in British Columbia?

You signed a power of attorney in another province or country, or a parent did, and now you live in British Columbia. The question is whether the document will work here when it is needed, particularly for banks and for selling property.

This article explains the general BC rules for out-of-province documents, the extra requirements for older BC documents and land, and when making a new BC enduring power of attorney is a sensible step. Whether a given document qualifies depends on its wording, so a lawyer should review it.

This article covers the law of British Columbia.

First check: does the document survive incapacity?

An ordinary power of attorney ends if the person who gave it becomes mentally incapable, while an enduring power of attorney keeps working after that. This is the key question for any document from elsewhere, because incapacity is exactly when your family will need it.

In BC, an enduring document must say whether the attorney may act while the adult is still capable or only once the adult is incapable, and must say that the attorney's authority continues even though the adult is incapable. A document from another place may use different words, so read it closely.

When an out-of-province document counts in BC

A power of attorney made outside BC is deemed an enduring power of attorney in BC if it continues when the adult is incapable and meets the prescribed requirements. Those include a certificate from a solicitor in the form set out in the Schedule to the Power of Attorney Regulation.

There is a separate rule for older BC documents. An enduring power of attorney validly made under the former section 8, which was repealed on September 1, 2011, is deemed made under Part 2 of the Power of Attorney Act.

Banks, land and other practical hurdles

Even a valid document can meet resistance. Federally regulated banks agreed under a 2014 voluntary commitment to make information about powers of attorney available to clients, but a voluntary commitment is not a guarantee that a particular institution will accept a particular document. In practice, acceptance varies by institution.

If you use the document for real estate, an additional rule applies: an enduring power of attorney to be used for Land Title Act purposes must also be executed and witnessed as that Act requires. A document signed elsewhere may not meet that standard.

• Ask the institution in writing which requirements are not met.
• Ask what the institution needs from you, and keep its answers. What is needed depends on the institution and your situation, so it is worth confirming next steps with a lawyer.
• If the dispute continues, an attorney may apply to the court for directions on the scope of their powers and duties.

When a new BC enduring power of attorney is wise

A new BC document can be the simplest fix when the old one does not clearly qualify, is not accepted, or no longer reflects your wishes. The adult must be 19 or older and must understand the matters in the Act's capacity test, including what property they have, that the attorney can do anything with their financial affairs except make a will, and that they can revoke the power while capable. Capacity is presumed until the contrary is shown. A person with early dementia who still understands these points can sign.

The signing rules are that the adult signs and dates in front of 2 witnesses, who both sign in front of the adult, or in front of one witness who is a lawyer or a BC notary in good standing. The attorney must also sign in front of 2 witnesses before acting. The regulation allows signing by audiovisual communication in some cases, but the witness must be a lawyer or BC notary, and the document must say it was signed under the alternative process.

An adult who still has capacity may change or revoke their enduring power of attorney and must give written notice to each attorney. That matters if you replace an older document, so the old attorney is not left unaware.

Timing is important. If a person has named no one and becomes incapable, the BC Supreme Court may appoint a committee, also called a guardian for an adult, to make decisions for them.

What to do next

• Find the original document and any certificate attached to it.
• Check whether it is enduring, meaning it continues after incapacity.
• Ask a BC lawyer whether it meets the requirements for deemed enduring status.
• If real estate is involved, ask whether it meets Land Title Act requirements.
• If there is doubt, consider a new BC enduring power of attorney while capacity is clear.
• Give written notice to any attorney under a document you revoke.

Frequently asked questions