Why do I need a Power of Attorney: the Most Overlooked and Misunderstood Legal Document?

We plan for many of life’s milestones from buying a home to saving for retirement, but one of the most critical legal tools for protecting your interests is often missed: the Power of Attorney.

At Lilian Cazacu Notary Corporation, we meet many clients who are unsure of what a Power of Attorney actually is or when they might need one. Some think it only applies to the elderly. Others believe it means giving away control. In reality, this document provides clarity and legal security in the moments that matter most.

A Power of Attorney is not just for the future; it is a safeguard for the unexpected. Whether you are facing a health challenge, planning to travel, or simply want peace of mind, this legal document makes sure that someone you trust can manage your financial and legal affairs when you are unable to do so.

What Does a Power of Attorney Do?

A Power of Attorney allows you to designate another person to act on your behalf in legal and financial matters. That includes managing bank accounts, handling taxes, signing legal contracts, or dealing with real estate transactions. It does not apply to health care decisions or personal care, which are covered under a separate document called a Representation Agreement.

There are two primary types of Powers of Attorney in British Columbia. An Enduring Power of Attorney remains valid even if you become mentally incapable. This is ideal for long-term planning, particularly as part of estate and personal affairs. A Non-Enduring Power of Attorney is more limited and is often used for specific transactions or periods, such as while you are out of the country or temporarily ill.

The purpose of both is simple: to give you control over who can act on your behalf when you cannot.

Why So Many People Get It Wrong

Many people assume a Power of Attorney is only necessary for seniors or those in medical distress. Others think their spouse or adult children will automatically be able to make decisions for them. Unfortunately, this is not the case. Without a legally valid Power of Attorney, even close family members cannot take action on your behalf without going through a court process.

Another common misstep is using a template or online form. These often miss critical legal language or fail to reflect your specific wishes. Banks and institutions may even reject them if they are not drafted properly. A poorly written Power of Attorney can create legal confusion, delay access to important accounts, or grant unintended authority.

This is why working with an experienced notary is essential. Our team ensures the document is not only legally sound but tailored to your unique needs and situation.

How Our Office Helps You Get It Right

At Lilian Cazacu Notary Corporation, we provide personalized service for every client. We do not believe in one-size-fits-all templates. Instead, we guide you through a structured and thoughtful process to create a document that reflects your values and your priorities.

This begins with a consultation where we assess your personal, legal, and financial circumstances. We help you choose the right person to appoint and define the scope of their authority. For example, you may wish to allow them to pay your bills and manage taxes, but not sell your property. We ensure these details are written into the document with precision.

We also help clarify whether the Power of Attorney should take effect immediately or only upon a triggering event, such as a doctor’s certification of incapacity. These are decisions that require careful planning and are best made with professional guidance.

To better understand the broader context of how a notary supports these types of personal documents, you can read more here.

When to Create One

The best time to create a Power of Attorney is before you ever need it. This is not a document reserved for seniors or those facing a medical emergency. In fact, you must have full mental capacity to sign it, so waiting too long may prevent you from being able to legally authorize one at all.

We recommend including a Power of Attorney as part of your broader Wills and estate planning strategy. It is especially important for:

• Adults with financial responsibilities or property
• People planning retirement
• Frequent travelers or individuals working abroad
• Business owners or landlords
• Anyone who wants to minimize future complications for their loved ones

It is never too early to prepare. A Power of Attorney is a document that protects your independence while ensuring your affairs are in capable hands if you need help.

The Problem with Templates

Many people try to save time or money by using a generic form downloaded from the internet. Unfortunately, these often fail to meet British Columbia’s legal standards or do not provide sufficient detail to be accepted by banks or government agencies.

Even worse, they may grant too much power without limitation or leave out essential clauses. This can create confusion or disputes, especially in high-stakes scenarios like property transactions or tax filings.

Our office regularly reviews documents that were created using templates and have since caused complications. In many cases, the client believed they were protected only to find out the document was incomplete or unusable.

That is why we always recommend a customized and notarized Power of Attorney created with experienced legal guidance.

What to Expect from Our Process

When you work with us, you can expect a thorough and supportive experience. We start by understanding your situation and answering any questions you may have. You will never be rushed or left wondering what something means.

We help you:

• Choose the right representative
• Define the powers you are comfortable granting
• Limit or expand authority as needed
• Choose when the document takes effect
• Understand every clause and implication

Once the document is finalized, we conduct an in-person signing where your ID is verified, your capacity is confirmed, and all legal requirements are met. We then provide you with copies for safekeeping and recommendations for where and how to store them.

You can also contact us directly if you would like to speak with someone or set up a consultation.

Final Thoughts

A Power of Attorney is more than a piece of paperwork. It is a clear and empowering way to protect your future and ensure the people you trust are able to step in when you need them. At Lilian Cazacu Notary Corporation, we treat this document with the care and attention it deserves.

By working with us, you receive not just legal expertise but a thoughtful approach that respects your wishes and secures your affairs. Do not wait for an emergency to act. Create your Power of Attorney with clarity and confidence today.

Have questions about how this works or whether it is the right time for you? We are here to help. Book your consultation and let’s make a plan that puts your interests first.