Wills and Estates Planning
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An enduring power of attorney lets you choose a trusted person to manage your money and property if illness, injury or aging means you can no longer do it yourself. In British Columbia, the rules are in Part 2 of the Power of Attorney Act. This guide explains what an enduring power of attorney is, when it starts, how it must be signed and witnessed, who can act as your attorney, what duties your attorney owes you, what it cannot do, and what happens if you do not have one.
Last updated: November 1, 2026
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A power of attorney is a legal document in which one adult authorizes another person, called the attorney, to make decisions or take steps about the adult’s financial affairs. An ordinary power of attorney stops working if the adult loses mental capacity. An enduring power of attorney is different: it continues to have effect while the adult is incapable, or it comes into effect when the adult becomes incapable (Power of Attorney Act, RSBC 1996, c 370, s. 1).
The attorney does not need to be a lawyer. “Attorney” simply means the person you appoint. The attorney can usually do anything with your financial affairs that you could do yourself, except make a will, subject to any conditions and limits you write into the document.
Any adult (19 or older) in British Columbia who owns property, has bank accounts, receives a pension or runs a business can benefit from an enduring power of attorney. It is especially worth considering if you are planning for retirement, have a health diagnosis, travel for long periods, or want to spare your family a court process later. It is part of a complete estate plan, alongside a will and a representation agreement.
The law presumes every adult is capable until the contrary is shown (s. 11). Under s. 12, you can make an enduring power of attorney unless you are incapable of understanding its nature and consequences. You must be able to understand:
If there are concerns about memory or decision-making, it is wise to sign sooner rather than later and to have a lawyer involved.
Section 14 requires you to state whether your attorney may act while you are still capable, or only while you are incapable, and that the authority continues despite your incapability. Under s. 26, the document takes effect on the latest of:
If you choose a “springing” document that starts on an event, you must say how and by whom that event will be confirmed. If the person you name to confirm your incapability cannot or will not act, a qualified health care provider may confirm it.
Under s. 16, the document must be in writing, and you must sign and date it in the presence of two witnesses, who then sign in your presence. Only one witness is needed if that witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia. Your attorney must also sign before acting (s. 17).
The following people must not witness your signature:
Under s. 18, you may appoint an individual, the Public Guardian and Trustee, or a financial institution authorized to carry on trust business. A person who is paid to give you personal care or health care, or an employee of a facility where you live and receive those services, generally cannot be your attorney unless they are your child, parent or spouse.
You can name more than one attorney. If attorneys share authority, they must generally act together unanimously unless the document says otherwise, so think about whether you want them to be able to act separately and whether to name an alternate.
Section 19 sets out strict duties. Your attorney must:
The Power of Attorney Regulation, B.C. Reg. 20/2011 requires the attorney to keep records, including a current list of your property and debts, accounts of what they do, and invoices and bank statements. In 2024 BCSC 1302, the court found an attorney had breached the record-keeping duty, which made an accounting impossible. In 2025 BCSC 430, an attorney who failed to account was found to have breached his duties, and the court inferred misappropriation and ordered repayment. Every case turns on its own facts.
Under s. 20, your attorney may make gifts, loans or charitable gifts from your property only if the document expressly allows it, or if all of these conditions are met: enough property remains for your care needs, your dependants and your other legal obligations; you made gifts or loans of that kind while you were capable; and the total value in a year does not exceed the limit in the Regulation, which is the lesser of 10% of your taxable income for the previous year and $5,000. Your attorney may personally receive a gift or loan only if the document expressly says so.
Under s. 24, your attorney cannot be paid for acting unless the document expressly allows payment and sets the amount or rate. Reasonable expenses may be repaid from your property.
An enduring power of attorney covers financial affairs only. Your attorney cannot consent to or refuse health care for you, and cannot make or change your will (s. 21). For personal care and health care decisions, British Columbia uses a representation agreement under the Representation Agreement Act. Many people make both documents at the same time.
If you own land, your attorney may need to sign transfer or mortgage documents. Under s. 51 of the Land Title Act, an instrument signed by an attorney cannot be registered unless the original power of attorney, or a certified true copy, is filed with the registrar. The enduring power of attorney must therefore be signed and witnessed in a way that meets the Land Title Act (Power of Attorney Act, s. 16(5)). This is one reason homeowners often have a lawyer prepare and witness the document.
If you lose capacity without an enduring power of attorney, no one automatically has legal authority over your finances. Two routes may follow:
Both routes can be slower, more public and more costly than making an enduring power of attorney in advance.
While you are capable, you can change or revoke your enduring power of attorney by giving written notice to each attorney (s. 28). A change must be signed and witnessed in the same way as the original. Your attorney’s authority ends if, for example, the attorney dies, becomes incapable, goes bankrupt or resigns, and an attorney who is your spouse generally loses authority if your relationship ends, unless the document says otherwise (s. 29). The document itself ends on your death, by court order, on revocation or under its own terms (s. 30).
Consider legal advice if you own real estate or a business, if family members may disagree, if you want to limit or add conditions to your attorney’s powers, if you live partly outside BC, or if there are concerns about capacity. A lawyer can also act as the single witness. Learn more on our power of attorney services page.
It is a document under Part 2 of the Power of Attorney Act in which you appoint someone to manage your financial affairs, and it continues, or starts, when you become incapable.
You must be an adult, which in British Columbia means 19 or older, and you must understand the nature and consequences of the document.
Two witnesses, or only one if the witness is a lawyer or a BC notary public.
No. The attorney, and the attorney’s spouse, child or parent, cannot act as witnesses.
On the latest of the date both of you sign, any start date in the document, and the date any triggering event, such as your incapability, is confirmed.
No. An enduring power of attorney covers financial affairs only. Health and personal care decisions are made under a representation agreement.
No. An attorney cannot make or change your will.
Only if the document expressly allows it, or if strict conditions are met, including an annual limit of the lesser of 10% of your previous year’s taxable income and $5,000.
Only if the document expressly authorizes payment and sets the amount or rate. Reasonable expenses can be repaid.
A current list of your property and debts, accounts of what they do, and invoices, bank statements and other records needed for full accounts.
Yes, while you are capable, by giving written notice to each attorney.
Your family may need to apply to court for committeeship, or the Public Guardian and Trustee may become your statutory property guardian.
If you are planning ahead for yourself or a family member, Pax Law Corporation can review your situation with you.
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Disclaimer: This article is general information only, not legal advice. It reflects British Columbia’s Power of Attorney Act and related legislation as of the date above. Rules change and every situation is different. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own circumstances before you act.
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