You Have Been Appointed as an Attorney

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in November 2017.

Like many people, you may never have been an attorney under a power of attorney before. That’s why Managing Someone Else’s Money was created. This guide will help you understand what you can and cannot do in your role as an attorney.

In the role of attorney, you are a fiduciary. A fiduciary is someone who is in a position of trust toward another person. A fiduciary has duties and responsibilities. This guide will help you understand what those are. It also offers tips to help you avoid problems, and resources for finding more information.

This guide is for family and friends serving as an attorney, not for professionals or organizations. The guide does not give you legal advice. Talk with a legal professional if you have questions about your duties or responsibilities.  

The most common type of power of attorney is called an enduring power of attorney. In this type, the attorney’s appointment continues—or “endures”—if the person making it becomes mentally incapable. The duties and responsibilities in this guide apply to enduring powers of attorney.    Powers of attorney can also be "general" or "limited". In a general power of attorney, the attorney's appointment ends if the person making it becomes mentally incapable. In a limited power of attorney, the attorney’s powers are limited to a specific task or a specific period of time. For example, to sign the papers on the sale of a home while the person making the power of attorney is out of the country on vacation.    Not all the duties and responsibilities in this guide apply to an attorney appointed under a general or a limited power of attorney. That said, if you are an attorney under a general power of attorney for a long time period, it is advisable to do all the things covered in this guide.

If you want to learn about making a power of attorney, this guide is not designed for you.  Talk with a lawyer or notary public. These resources are also helpful:

• The information on “Power of Attorney” from People’s Law School.
• The “Guide to Making & Registering Your Enduring Power of Attorney (EPA)” from Nidus.
• The website MyLawBC from Legal Services Society, the agency that provides legal aid in BC. The site has a tool that helps you decide what documents to create to plan for your future.

A scenario

Let’s start with a scenario about how you might have become an attorney under a power of attorney. 

Your family member or friend is worried that she will get sick and won’t be able to pay her bills or make other decisions about her savings and her house. For this guide, let’s call her Martina. Martina has signed an enduring power of attorney. This kind of power of attorney continues if person making it becomes mentally incapable. In it, Martina names you as her attorney. She gives you the power to make decisions about money, property and other legal matters for her.

The law gives you a lot of responsibility as Martina’s attorney under her power of attorney. You are now a fiduciary with fiduciary duties.

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