Who can witness the land title portion of an enduring power of attorney in BC?

The Evidence Act lists the types of people who can swear affidavits. These people can, by extension, witness the land title portion of an enduring power of attorney. Here’s the list:

• Judges and justices of a court in BC

• Registrars, deputy registrars, district registrars and deputy district registrars of the Supreme Court

• Practising lawyers

• Notaries public

• The local government corporate officer and that person's deputy

• The secretary treasurer of a board of school trustees 

• The directeur général of a francophone education authority as defined in the School Act

• Coroners

• Government agents and deputy government agents

• Members of the RCMP in BC

• Certain designated constables

As you can see, they’re mostly government and court officers. Other than a lawyer or notary, a government agent may be the next most accessible option. You can call Service BC to see if a location near you might be able to provide this service. 

Another element to consider is that if you are asking a notary or lawyer to witness a power of attorney, they might only want to do it if they prepare the power of attorney. In other words, don’t expect to bring in your own completed power of attorney for a lawyer or notary to just witness — they prefer to use their own forms which they are comfortable with, and will also typically want to confirm your capacity to appoint an attorney. 

One more thing: if you’d like to get an enduring power of attorney sworn outside of BC, there’s a list of additional folks who can do this.