PART A - GENERAL (ENDURING) POWER OF ATTORNEY - BRITISH COLUMBIA
(For financial and property matters - Power of Attorney Act, R.S.B.C. 1996, c. 370)
Section 1 - Parties
PRINCIPAL (Donor):
Name: [[Principal Full Legal Name]]
Address: [[Principal Address, City, BC, Postal Code]]
Date of Birth: [[Date of Birth]]
ATTORNEY (Agent) - Primary:
Name: [[Attorney Full Legal Name]]
Address: [[Attorney Address, City, BC, Postal Code]]
Relationship to Principal: [[e.g., Spouse, Adult Child, Trusted Friend]]
ATTORNEY (Agent) - Alternate:
If [[Primary Attorney Full Name]] is unable or unwilling to act, then:
Name: [[Alternate Attorney Full Legal Name]]
Address: [[Alternate Attorney Address]]
Relationship to Principal: [[Relationship]]
Section 2 - Enduring (Continuing) Designation
- [X] ENDURING POWER OF ATTORNEY: This Power of Attorney is an enduring (continuing) power of attorney. It continues to be effective even if I become mentally incapable after it is made. (Power of Attorney Act, s. 8)
Note: A power of attorney that is NOT designated as enduring terminates automatically upon the donor's incapacity under s. 25 of the Power of Attorney Act.
Section 3 - Effective Date and Springing Provisions
Select one:
- [ ] Immediate Effectiveness: This Power of Attorney is effective immediately upon signing.
- [ ] Springing Effectiveness: This Power of Attorney becomes effective only upon the following condition being met (a "springing" POA):
Condition: Written declaration by [[one physician / two physicians / named person]] that I am mentally incapable of managing my financial affairs.
Note: BC law permits springing powers of attorney. The attorney must obtain and retain written evidence of the triggering event before acting.
Section 4 - Powers Granted
I authorize my Attorney to do on my behalf everything that I can lawfully do by an agent with respect to my financial and property affairs, subject to the restrictions and conditions set out in this document, specifically including:
4.1 Banking and Financial:
- Access, operate, and close any bank, credit union, or investment account in my name;
- Deposit, withdraw, and transfer funds;
- Open new accounts in my name for purposes of managing my affairs;
- Manage, redeem, purchase, or sell any stocks, bonds, mutual funds, GICs, ETFs, or other investments;
- File income tax returns and respond to Canada Revenue Agency (CRA) on my behalf;
- Make or receive payment of any debt owed to or by me.
4.2 Real Estate and Property:
- Buy, sell, lease, mortgage, or transfer any real property owned by me in accordance with my instructions;
- Sign real estate contracts, mortgage documents, transfer forms, and any related documents;
- Deal with the Land Title and Survey Authority of British Columbia (LTSA) on my behalf;
- Manage, maintain, insure, and repair any real property I own.
4.3 Business:
- Carry on, manage, or wind up any business in which I have an interest;
- Execute contracts, purchase orders, or business documents;
- Appoint agents or employees on my behalf.
4.4 Legal Proceedings:
- Commence, defend, compromise, or settle any legal proceedings on my behalf;
- Retain and instruct legal counsel.
4.5 Government Benefits and Programs:
- Apply for and receive any government benefits, pensions (CPP, OAS), or programs to which I am entitled;
- Manage my RRSP, RRIF, TFSA, and other registered plans.
4.6 Insurance:
- Obtain, maintain, cancel, or claim on any insurance policy in which I have an interest.
4.7 Household and Personal Financial Matters:
- Pay household and personal expenses;
- Make gifts on my behalf in amounts I would customarily have made (see Hot Powers below).
Section 5 - HOT POWERS (Express Grant Required)
The following powers are NOT implied from a general grant of authority. I expressly grant the following hot powers to my Attorney (check all that apply):
- [X] Making Gifts: My Attorney may make gifts on my behalf to persons I customarily made gifts to, not to exceed $[[Gift Limit per Person per Year]] per person per year without court approval. Gifts to the Attorney personally require: [[my express written authorization OR court approval]].
- [X] Changing Beneficiary Designations: My Attorney may change beneficiary designations on my registered plans, life insurance, or other accounts, subject to the following limitation: [[e.g., "only to my spouse or children" or "no changes without my prior written instruction"]].
- [X] Loans to My Attorney: My Attorney may borrow money from my estate for their own benefit only upon the following terms: [[terms, or "This hot power is NOT granted"]].
- [ ] Self-Dealing (Conflict Transactions): My Attorney may enter into transactions in which the Attorney has a personal interest, subject to: [[restrictions, or "This hot power is NOT granted"]].
Any exercise of a hot power must be recorded in writing and a record kept by the Attorney.
Section 6 - Restrictions and Conditions
(Describe any limits on the Attorney's authority - these are enforceable against the Attorney and third parties with notice)
[[e.g., "The Attorney may not sell my primary residence at [[Address]] without the written consent of [[Person]]," or "No restriction" ]]
Section 7 - Attorney's Fiduciary Duties
My Attorney must (Power of Attorney Act, s. 19):
(a) Act in my best interest;
(b) Keep my property and finances separate from the Attorney's own;
(c) Maintain accurate records of all transactions;
(d) Not make gifts to themselves (beyond what is expressly authorized in Section 5);
(e) Not use my property for their own benefit except as permitted by law or this document;
(f) Preserve my estate plan where possible, including the terms of my will;
(g) Cooperate with any monitor I have appointed.
Section 8 - Monitor (Optional - Power of Attorney Act, ss. 19.1-19.6)
- [ ] Monitor appointed: I appoint [[Monitor Full Name]] as a monitor of this power of attorney. My monitor has the right to request and receive financial records and an accounting from my Attorney at any time.
- [ ] No monitor appointed.
Section 9 - Revocation
This Power of Attorney may be revoked at any time while I am mentally capable by delivering a written revocation to my Attorney and to all persons and institutions relying on this Power of Attorney. I acknowledge that a financial institution or third party acting in good faith on this Power of Attorney without notice of revocation is protected under applicable law.
Section 10 - Compensation
My Attorney shall be entitled to reasonable compensation for their services as permitted by the Power of Attorney Act and any applicable court-approved tariff. [[Or: "My Attorney shall serve without compensation."]
Section 11 - Execution - General POA
An enduring power of attorney in BC must be signed by the Principal and witnessed by two adults who are NOT the attorney named in the document, and neither witness may be the spouse of the attorney (Power of Attorney Act, s. 16).
PRINCIPAL SIGNATURE:
I, [[Principal Full Legal Name]], sign this Enduring Power of Attorney on [[Date]] at [[City, BC]] in the presence of both witnesses below.
_______________________________
[[Principal Full Legal Name]]
Witness 1:
Signature: _______________________________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address]]
Occupation: [[Occupation]]
Date: __________
(I am not the Attorney named above, nor the spouse of the Attorney, nor a person under 19 years of age)
Witness 2:
Signature: _______________________________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address]]
Occupation: [[Occupation]]
Date: __________
(I am not the Attorney named above, nor the spouse of the Attorney, nor a person under 19 years of age)
PART B - REPRESENTATION AGREEMENT - BRITISH COLUMBIA
(For personal care and healthcare decisions - Representation Agreement Act, R.S.B.C. 1996, c. 405)
Note: A Power of Attorney covers only property and financial matters. For health care, personal care, and treatment decisions, British Columbia uses a Representation Agreement. The two documents work together.
Section 12 - Representative
ADULT (Maker): [[Same as Principal or new name if different document]]
REPRESENTATIVE (Primary):
Name: [[Representative Full Legal Name]]
Address: [[Address]]
ALTERNATE REPRESENTATIVE:
Name: [[Alternate Representative Full Legal Name]]
Address: [[Address]]
Section 13 - Healthcare Powers Granted (Section 7 Standard Authority - RA Act, s. 7)
I authorize my Representative to make decisions about:
(a) My personal care, including health care, nutrition, hygiene, shelter, transportation, and recreation;
(b) Consent to or refuse health care on my behalf if I am unable to consent myself (including consent to or refusal of life support, surgery, medication, and other treatment);
(c) Access to my medical records and health information;
(d) Deciding where I live and with whom I interact;
(e) Legal matters relating to my personal care (not property).
Section 14 - Section 9 Enhanced Authority (RA Act, s. 9 - for broader authority or if maker has limited mental capability)
- [ ] I also grant my Representative enhanced authority under s. 9 of the Representation Agreement Act, including authority over [[specify additional healthcare powers]]. (Note: a s. 9 Representation Agreement requires a certificate from a Qualified Witness such as a lawyer, notary public, or regulated health care professional)
Section 15 - Instructions and Wishes
My specific healthcare instructions and wishes include:
- [[e.g., "I do not wish to be kept on life support if there is no reasonable prospect of recovery"]]
- [[e.g., "I wish to be cared for at home as long as reasonably possible"]]
- [[e.g., "I request that my representative consult with [[Named Person]] before making major healthcare decisions"]]
Section 16 - Execution - Representation Agreement (RA Act, s. 13)
A standard (s. 7) Representation Agreement must be signed by the Adult and two witnesses. Witnesses must be at least 19 years old, cannot be the Representative or their spouse, cannot be an employee of a facility where the Adult lives, and must be present at the same time as the Adult signs.
ADULT SIGNATURE:
I, [[Adult Full Legal Name]], sign this Representation Agreement on [[Date]] at [[City, BC]].
_______________________________
[[Adult Full Legal Name]]
Witness 1 (Representation Agreement):
Signature: _______________________________
Printed Name: [[Witness 1 Name]]
Address: [[Address]]
Date: __________
Witness 2 (Representation Agreement):
Signature: _______________________________
Printed Name: [[Witness 2 Name]]
Address: [[Address]]
Date: __________
> Template - not legal advice. British Columbia Powers of Attorney are governed by the Power of Attorney Act, R.S.B.C. 1996, c. 370. Representation Agreements are governed by the Representation Agreement Act, R.S.B.C. 1996, c. 405. These are complex documents with significant legal consequences. Consult a British Columbia lawyer or notary public before finalizing. For property and real estate transactions, many financial institutions and the LTSA require independent legal advice or notarization.
Primary Sources (as of 2026-06):
- Power of Attorney Act, R.S.B.C. 1996, c. 370 (ss. 8, 16, 19, 19.1-19.6, 25)
- Representation Agreement Act, R.S.B.C. 1996, c. 405 (ss. 7, 9, 13)
- Nidus Personal Planning Resource Centre: nidus.ca
- Land Title and Survey Authority of BC (LTSA): ltsa.ca
