Glossary for Powers of Attorney

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in March 2019.

Attorney

A person legally appointed or empowered to act on behalf of another.

Certificate of incapability

A certificate issued by a provincial health authority after a medical and functional assessment that finds an adult is mentally incapable.

Committee of estate

A person or body (such as the Public Guardian and Trustee) appointed to make legal and financial decisions for someone who is mentally incapable and cannot manage their own affairs. A committee is appointed by the court, with the exception of the Public Guardian and Trustee, who can automatically become committee after a certificate of incapability is issued.

Designated responder

A person from a local health authority or community agency who will follow up with reports of abuse or neglect of a vulnerable adult. The Public Guardian and Trustee has an online list of designated responders.

Enduring power of attorney

A legal document that enables an adult to appoint another person to make financial and legal decisions for them, and specifies that the appointment continues — or “endures” — in the event the adult becomes mentally incapable.

General power of attorney

A power of attorney that gives general powers to the attorney for an unlimited period of time while the adult is mentally capable of managing their own affairs. It ends if the adult becomes mentally incapable.

Limited power of attorney

A power of attorney that limits the attorney’s powers to a specific task or a specific period of time — for example, to sign papers completing the sale of a specific property.

Notarized

When a notary public puts his or her seal on a document to confirm that a person signed the document in front of the notary.

Notary public

A legal professional authorized to provide certain non-contentious legal services to the public. For example, a notary public can create wills and powers of attorney, and notarize signatures on documents.

Notice of resignation

A written statement by an attorney to resign from their appointment under a power of attorney.

Notice of revocation

A written statement by an adult given to their attorney revoking (that is, cancelling) the authority granted to the attorney under a power of attorney.

Power of attorney

A legal document that enables an adult to give another person (or more than one person) the authority to make financial and legal decisions for them.

Public Guardian and Trustee

A public body established by law to protect the interests of British Columbians who lack legal capacity to protect their own interests.

Representation agreement

A legal document to authorize someone to assist an adult or act on their behalf for health and personal care matters. It can also cover routine financial and legal matters.

Springing power of attorney

A power of attorney that only becomes effective when an event happens, such as a finding that the adult is mentally incapable.

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