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Difference between revisions of "Powers of Attorney and Representation Agreements"
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Powers of Attorney and Representation Agreements (view source)
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=Information for both power of attorney and enduring power of attorney= | =Information for both power of attorney and enduring power of attorney= | ||
==Does the person you appoint have to act as your attorney?== | |||
No. A person can refuse to act as your attorney. | No. A person can refuse to act as your attorney. | ||
==What decisions can an attorney make?== | |||
An attorney can make most financial and legal decisions. An attorney cannot make personal or health care decisions for you. For these decisions, you need a representation agreement. | An attorney can make most financial and legal decisions. An attorney cannot make personal or health care decisions for you. For these decisions, you need a representation agreement. | ||
==Specific or general power== | |||
You can give your attorney very limited power, for example, give your daughter a power of attorney only to cash your pension cheques for you. Or you can give someone very broad power to deal with all your financial and legal affairs. | You can give your attorney very limited power, for example, give your daughter a power of attorney only to cash your pension cheques for you. Or you can give someone very broad power to deal with all your financial and legal affairs. | ||
==Power of attorney for real estate== | |||
A power of attorney for real estate has to be filed with the Land Title Office. Under Part 6 of the Land Title Act, it is valid for only three years from the date of signing, unless it says otherwise, or unless it is an enduring power of attorney. | A power of attorney for real estate has to be filed with the Land Title Office. Under [http://www.bclaws.ca/civix/document/LOC/lc/statreg/--%20L%20--/Land%20Title%20Act%20%5bRSBC%201996%5d%20c.%20250/00_Act/96250_06.xml#part6 Part 6 of the ''Land Title Act''], it is valid for only three years from the date of signing, unless it says otherwise, or unless it is an enduring power of attorney. | ||
To revoke a power of attorney, or an enduring power of attorney, dealing with land, you must file a document called a “Notice of Revocation” in the Land Title Office where the land is registered. | To revoke a power of attorney, or an enduring power of attorney, dealing with land, you must file a document called a “Notice of Revocation” in the Land Title Office where the land is registered. | ||
==''Power of Attorney Act'' updated in September 2011== | |||
The ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96370_01 Power of Attorney Act]'' was updated on September 1, 2011. A power of attorney, or an enduring power of attorney, signed before then will generally still be valid, but it’s a good idea to have a lawyer review it. | The ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96370_01 Power of Attorney Act]'' was updated on September 1, 2011. A power of attorney, or an enduring power of attorney, signed before then will generally still be valid, but it’s a good idea to have a lawyer review it. | ||
==Do you need a lawyer to make a power of attorney or an enduring power of attorney?== | |||
No, but you should use a lawyer who specializes in this area of law because it’s complex. | No, but you should use a lawyer who specializes in this area of law because it’s complex. | ||
==Can you register these documents somewhere?== | |||
At the [http://www.nidus.ca/ Nidus Personal Planning Resource Centre & Registry], you can register enduring powers of attorney. Hospitals, banks, and government services can search there to find out who your attorney is. | At the [http://www.nidus.ca/ Nidus Personal Planning Resource Centre & Registry], you can register enduring powers of attorney. Hospitals, banks, and government services can search there to find out who your attorney is. | ||
