Significant changes to the enduring power of attorney laws came into effect with B.C.'s new Power of Attorney Act.
Mary Hamilton of Davis LLP's Wills, Estates & Trusts Group responds to a query from a Vancouver Foundation magazine reader and explains what has and hasn't changed under the new law, outlining the implications for those who had assigned power of attorney prior to the introduction of the new act.
Below is a brief excerpt:
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 [someone] acts as your attorney, [they] will be governed by the new law and will have different powers and limitations.