When people think of estate planning, their minds often go straight to Wills, those critical documents that detail how assets are distributed after death. But an equally important component, often overlooked, is the Power of Attorney (POA). While a Will governs what happens after you pass away, a POA protects you while you're still alive, ensuring your wishes are respected if you're unable to make decisions for yourself.
What Is a Power of Attorney?
A Power of Attorney is a legal document that gives someone the authority to make decisions on your behalf. This person, called your “attorney,” doesn’t need to be a lawyer, they’re simply someone you trust to manage your affairs if you become unable to do so yourself.
In British Columbia, there are several key types of POAs:
- Enduring Power of Attorney (EPOA): This document allows your chosen representative to handle your financial and legal matters if you become mentally incapable.
- General (non-enduring) POA: This document is typically used for short-term or specific tasks, and it ends automatically if you become mentally incapable.
- Special (Limited) POA: This document is made for a specific reason and task, and it’s “non-enduring”, as it expires after a specified period of time (i.e. 6 months, 1 year).
- Springing POA: This type of POA is less common and very limited, as it only takes effect once a specified event or condition is met (usually the person’s mental incapacity).
- Please note that while some people think that “Representation Agreement” is another type of POA (as, in Ontario, for example, they’re called “POA for health”), this document is an entirely different type of document, as it pertains only for personal and health care decisions. (However, if the person has limited mental capacity, they may choose drafting a limited Representation Agreement, under s.7, which would allow basic health and routine financial decisions, compared to s.9, which covers more broader health care powers, including “end-of-life” decisions, but it doesn’t include any financial decisions.
It is important to note that not all the POAs are drafted the same, so you must retain an experienced notary or legal professional, who can explain all these types, before making a decision which type of POA you should have.
Although most of these documents ensure that someone you trust is legally authorized to act for you if you're injured, ill, or otherwise unable to make your own decisions, it is paramount that you obtain a comprehensive legal advice from an experienced notary or lawyer, so you can understand and decide accordingly which document(s) you’d like to draft.
Why You Still Need a POA Even If You Have a Will
Many assume that having a Will covers all the bases, but that’s a common misconception. A Will only takes effect after death. It does nothing for you while you’re alive and incapacitated.
If something unexpected happens, such as a stroke, serious accident, or progressive illness, and you can't manage your affairs, a POA becomes essential. Without having a valid POA:
- No one, not even your spouse or adult children, can legally manage your bank accounts, investments, or property.
- Your family would need to apply for committeeship through the court. This process is lengthy, expensive, and emotionally taxing.
- You lose control over who makes decisions for you, as the court will appoint someone, and it may not be who you would have chosen.
Choosing the Right Person to Be Your POA
Selecting your POA is not a decision to take lightly. Ideally, your representative should be:
- Someone you trust implicitly
- Capable of handling financial or health-related responsibilities
- Familiar with your values, beliefs, and wishes
Some people appoint the same person for both financial and health care decisions, while others choose separate individuals for each. It’s often simpler to have one person acting in both roles, but what matters most is that they understand your preferences and can carry them out confidently.
You can also appoint a trust company or professional third party if you prefer not to burden a friend or family member.
How to Create a Power of Attorney in BC
In British Columbia, there’s no one-size-fits-all form for a POA. However, there are several tools to help:
- The BC Ministry of Attorney General offers a free Enduring POA kit; however, that document is for education purposes only, and it is not advised to fill it out blindly, without obtaining independent legal advice before signing it
- Nidus Personal Planning Resource Centre also provides guidance and Representation Agreement templates.
As mentioned earlier, to make your POA legally binding and specifically tailored to your situation, it’s strongly recommended to work with a lawyer l or notary public to ensure all requirements are met. Notaries Public have the same powers as lawyers do in drafting and advising clients regarding Powers of Attorney and Representation Agreements, and they can also help advise on whether to include special instructions or limits in these documents.
Easing the Burden: Include Your Wishes
One way to support your POA is to provide a written memo outlining your values and specific wishes. This is especially important for personal care decisions, such as:
- Whether you want to be kept on life support;
- Your preferences regarding resuscitation or palliative care;
- Cultural or religious considerations, etc.
These directives ease the emotional burden on your POA by giving them confidence that they are carrying out your intentions.
Why Planning Ahead Matters
It’s never too early to prepare a Power of Attorney. The truth is, these documents are often needed suddenly, during a crisis. When that moment comes, having a POA already in place avoids delays and ensures someone you trust can step in immediately.
Whether you're planning your own estate, managing aging parents’ affairs, or anticipating being outside of the country for a prolonged period of time or planning a medical intervention , now is the best time to make sure the appropriate POAs are created, signed, and stored in a safe but accessible place.
How Lilian Cazacu Notary Public Can Help
As a recognized and award-winning Notary Public serving Langley and the Fraser Valley, Lilian Cazacu specializes in helping individuals and families prepare personalized estate planning documents, including Enduring Powers of Attorney and Representation Agreements.
Whether you're starting from scratch or reviewing outdated documents, Lilian can:
✔ Guide you through your options for financial and health care POAs;
✔ Ensure your documents are legally valid and tailored to your situation;
✔ Help you appoint the right person with confidence;
✔ Provide notarization and advise you on how to securely store your documents.
Creating a Will is important, but without a Power of Attorney, your estate plan is incomplete, and sometimes it creates even more issues when you don’t have one. A POA ensures that if you're ever incapacitated or unable to sign any legal or financial documents, someone you trust can manage your affairs, protect your assets, and make decisions in line with your values.
Don’t wait for a crisis to act. Contact Lilian Cazacu Notary Public at (604) 427-4279 or visit www.lcnotary.ca to book a consultation and ensure your estate planning is complete, both for life and beyond.
.jpg)