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{{REVIEWEDPLS | reviewer = [[Kevin Smith]] |date= March 2017}}
{{Power of Attorney TOC}}==What is a power of attorney?==[[File:Powerofattorneysigning.png|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]A '''power of attorney''' is a legal document. When you make a power of attorney, in which you give someone the legal power authorize another person to take care of financial and legal matters for you. This After considering [[Why Make a Power of Attorney|why you might include paying billsmake a power of attorney]], depositing or withdrawing money from your bank account, investing your money, or selling your homelearn the steps involved in '''making a power of attorney'''.
The law has two restrictions on who you can name as an attorney. You cannot name: *A power of attorney caregiver who is different from a will, which provides for the distribution of the things paid to provide you own after your deathwith personal or health care services. A power of attorney is *An employee at a way to plan for facility where you live if the handling of your affairs during your lifetimefacility provides personal or health care services.
{{PLSStoryboxPLSTipsbox| image width = [[File:Headshot_-_Power_of_Attorney_-_Helga_-_2017-03-16.jpg|link=]] 50%| text = "I want If you name only one attorney, it is very important to spend the summer visiting my grandchildren in France. Iname an '''alternate attorney''ll be gone for several months, and I'd like to enable my niece who will take over if something happens to pay my bills while I'm away. I learned I can do that by making a limited power of your attorney. In it, I authorized my niece Be sure to access my bank account only to deposit my pension cheques and pay my bills, and only until I come home from my tripdescribe clearly the circumstances when the alternate may take over." <br> - Helga, Victoria}}
A limited power of attorney deals '''only''' with your financial and legal affairs. It does not enable your (a power of attorney that limits the attorney’s powers to make decisions about your personal care and health carea specific task or a specific period of time) ends when the task it describes is done, or on the date it specifies. For example, if you make a limited power of attorney would not allow your to sell a piece of property, the power of attorney to consent to health care on your behalf or to make decisions about where or with whom you will liveends when the property is sold.
== Legal capacity Special requirements =====There are special requirements relating to real estate===
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| text = Your attorney will Particularly if you have significant powera complicated or unusual situation, so choose somebody it’s best to get some professional help. If you trustgo to a lawyer or notary public, find out how much they will charge you. Phone around and who is comfortable with financial matterscompare prices. Take See the time "[[Where to talk with that person about what you want and would expect them Get Help for Power of Attorney|Where to doGet Help]]" section for options for free or low-cost legal help.
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=== Can = If you want your attorney be someone who lives in another province? to have powers relating to real estate or vehicles ====In order for your attorney to have the power to sell your real estate or deal with mortgages or easements, you must sign the power of attorney in the presence of a notary public or lawyer. The lawyer or notary must also sign.
=== Do = If you have to pay your are making an enduring power of attorney? ====There are special requirements if you are making an enduring power of attorney (a power of attorney that continues to have effect if you are incapable).
=== Are there special requirements relating Do I have to real estatepay my attorney? ===
Your attorney is entitled to be paid back for any reasonable out-of-pocket expenses. If you want to pay your attorney to have a fee, you must write this in the power to sell your real estate property or deal with mortgages or easements, there are special requirementsof attorney. The document must authorize the fee and set out the rate.
Yes. However, you should check it over to make sure that it will do what you want and the information is accurate. You may decide to make a new one.
It’s a good idea to review all your financial affairs (including your will) every two or three years. Addresses change, and so do people’s lives. Stay up to date. == Questions about jurisdiction == === What about powers of attorney made in another province or country? === Each province in Canada has its own laws and procedures for powers of attorney. This publication applies to residents of British Columbia who have finances and property in BC. For information about powers of attorney in another province or country, it’s best to consult a legal professional. You may also want to check your local library or bookstores for a book called ''Power of Attorney Kit'' by [http://www.self-counsel.com Self Counsel Press], or contact a public legal education and information provider in your province. === If you have property in another province or territory, will your BC power of attorney apply? === Possibly. However, the safest approach is to check with a lawyer in that province or territory. === Is a power of attorney made in one province okay in another? === It is likely the power of attorney made in one province will be recognized in another. However, it may not be effective in dealing with all real estate matters. == Preparing the power of attorney == {{PLSTipsbox|width = 50%| text = The BC Ministry of Justice has an [http://www2.gov.bc.ca/gov/content/health/managing-your-health/incapacity-planning enduring power of attorney form available online]. You do not have to use this form, but it gives you an idea of how to make a power of attorney.}} Most people will go to a notary public or a lawyer to prepare their power of attorney. In fact, you must sign the power of attorney in the presence of a notary public or lawyer in order for the power of attorney to be recognized at the Land Title Office (see above). In order for your attorney to have the power to sell your vehicle or renew its insurance, your power of attorney may need to be '''notarized'''. Notarizing means a notary public puts his or her seal on the document when you make it, to confirm that you and the witness signed it in front of him or her.
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