- If two or more attorneys are named, they must act unanimously unless the enduring power of attorney says otherwise.
- An attorney's authority ends automatically on death, incapacity, bankruptcy, resignation and other events, so plan for a gap.
- A spouse named as attorney loses authority when the relationship ends, unless the document provides otherwise.
If you have several children, or a spouse and children, naming just one attorney can feel unfair or risky. Naming more than one can spread the load and provide a check, but it also changes how decisions get made.
This article explains how multiple attorneys work under British Columbia's Power of Attorney Act, the choices you can make in the document, and what to think about if one attorney cannot continue. It is general information, and the wording of your document should be settled with a lawyer.
This article covers the law of British Columbia.
Who can be an attorney
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. The Public Guardian and Trustee and some trust institutions may also act.
- A child, parent or spouse may be named even if they are a paid caregiver or an employee of your care facility.
- A person under 19 may be named but cannot act until they turn 19.
- Only adults aged 19 or older can make an enduring power of attorney.
An enduring power of attorney covers your financial affairs. Personal care and health care decisions are handled through representation agreements and advance directives instead.
The default rule: act together
If two or more attorneys are named, they must act unanimously unless the enduring power of attorney says otherwise. That means every attorney must agree before something is done. This can protect you, but it can also slow things down. If two children disagree, nothing may get signed.
Because the document can say otherwise, you can choose a different approach, such as allowing each attorney to act alone for certain tasks. How you word that matters, and unclear wording can cause disputes. Ask a lawyer to draft it.
| Approach | Strength | Risk |
|---|---|---|
| Act together (the default) | Built-in check on each other | One attorney's refusal or absence can stall decisions |
| Document says otherwise | Can be more flexible | Less oversight, and wording must be clear |
What happens if one attorney cannot act
An attorney's authority ends automatically in several situations: if they resign, become incapable or die, go bankrupt, or are convicted of a prescribed offence or an offence in which you were the victim. An attorney may resign by written notice to you and any other named attorneys.
If you named a spouse, their authority ends when the marriage or marriage-like relationship ends, unless the document provides otherwise.
How a vacancy is handled depends on how your document is worded, so it is worth thinking ahead. If the document requires everyone to act together and one drops out, the remaining attorneys may have difficulty. People often address this by saying in the document what should happen if an attorney stops acting. A lawyer can help you word a backup (successive) arrangement so it is workable.
When the power starts and what attorneys must do
An enduring power of attorney takes effect on the latest of when you and an attorney have signed it, any effective date it states, or when a named triggering event such as incapacity has been confirmed. If it takes effect only on an event, the document must say how the event is confirmed and by whom, for example by a named doctor's letter.
Each attorney must also sign in front of 2 witnesses before acting. Every attorney is held to the same duties, including acting honestly and in good faith, using the care and skill of a reasonably prudent person, and keeping records. Attorneys cannot be paid unless the document expressly authorizes payment and sets the amount or rate.
Generally, an attorney cannot delegate decision-making authority, although investment functions may be delegated as the applicable statute allows.
Signing it correctly
The document must be in writing and signed and dated by you in front of 2 witnesses, who both sign in front of you. One witness is enough if that person is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia.
- Do not use a named attorney as a witness.
- Do not use a named attorney's spouse, child or parent as a witness.
- Do not use someone under 19 as a witness.
- If the document will be used for real estate, it must also meet Land Title Act requirements.
What to do next
- Talk with the people you are considering about whether they are willing and able.
- Decide whether they should have to agree on everything or may act alone for some tasks.
- Decide what should happen if one steps aside.
- Meet with a lawyer to draft the wording and arrange proper signing.
- Review the document after major life changes.
Frequently asked questions
Do two attorneys have to agree on everything?
Yes by default. If two or more attorneys are named, they must act unanimously unless the enduring power of attorney says otherwise.
What if one of my two attorneys dies or resigns?
That attorney's authority ends. What the remaining attorney can do depends on how your document is worded, so it is worth planning for this when the document is drafted.
Can I name my spouse and a child together?
Generally yes, as an individual may be an attorney unless they are a paid care provider or facility employee, and family members have an exception to that bar. If your spouse relationship ends, their authority ends unless the document provides otherwise.
Can my attorneys pay themselves?
Not unless the document expressly authorizes payment and sets the amount or rate. They can, however, be reimbursed for reasonable expenses properly incurred.
Sources
- Power of Attorney Act, RSBC 1996, c. 370, s. 10 — bclaws.gov.bc.ca
- Government of BC – Incapacity planning — www2.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.
This is a wills & estates question
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