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ARTICLE · 01 AUGUST 2012

Power Of Attorney: Ask An Advisor

I gave my daughter power of attorney a few years ago. Do I need to do a new one because the law changed last fall?

CanadaFamily and Matrimonial

I gave my daughter power of attorney a few years ago. Do I need to do a new one because the law changed last fall?

Good question. On September 1, 2011, the enduring power of attorney laws did change significantly in B.C. However, your existing document should still be valid, as existing powers of attorney were grandfathered under the new provisions of the Power of Attorney Act.

The law still permits you to authorize an attorney to make decisions for you, and do certain things, while you are incapable (that's the "enduring" part).

What has changed is the signing requirements and that, when your daughter acts as your attorney, she will be governed by the new law and will have different powers and limitations. If you do not want those particular changes then you may have to revoke your power of attorney and make a new one on different terms.

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