Powers of Attorney

  • Recorded on: November 9, 2021
  • Length: 60 minutes

Summary

What is a power of attorney? If you’re in perfectly good health, is there any reason to get one? Who should you appoint as your attorney? What can they do and what can’t they do? Lawyer Cheyenne Reese and notary public Hilde Deprez answer these and other common questions about powers of attorney in British Columbia.

Highlights

In this webinar, you will learn:

  • What a power of attorney is and how it differs from an enduring power of attorney. [3:05]

  • What an attorney appointed under a power of attorney can and cannot do. [5:50]

  • Whether a power or attorney is only for when you’re incapacitated. [9:50]

  • Why a power of attorney is recommended even for spouses who share a joint bank account and own their home together. [12:40]

  • What happens if you don’t have a power of attorney. [15:05]

  • Whether you can prepare a power of attorney yourself or need a lawyer or notary public to do it. [16:40]

  • What factors to consider in choosing your attorney and whether you can appoint more than one attorney. [23:10]

  • Whether you can appoint someone living in another province or another country as your attorney and, specifically, whether you can appoint a child of yours who lives in the US. [27:50]

  • Whether a lawyer or notary public in British Columbia can help you appoint someone living in the Philippines as your attorney under a power of attorney to deal with your property in the Philippines. [30:50]

  • Whether you need to make a new power of attorney when you move to British Columbia from Ontario when you have a power of attorney made in Ontario. [33:50]

  • Whether you can sign a power of attorney now but have the person appointed as the attorney not be able to use it until you need them to. [36:45]

  • Whether you can change your mind and revoke a power of attorney. [40:35]

  • How to know when to start acting as an attorney under a power of attorney. [41:30]

  • What obligation an attorney appointed under a power of attorney has to disclose their dealings as attorney, including banking details. [44:00]

  • Whether an attorney appointed under a power of attorney is entitled to compensation. [46:05]

  • How much a power of attorney costs. [47:30]

  • The difference between an enduring power of attorney and a representation agreement. [49:30]

  • What happens if you don’t have anyone you can trust to appoint as an attorney? [50:30]

  • What powers the Public Guardian and Trustee has in relation to a dispute over a power of attorney. [52:30]

  • Whether a bank, as part of its process to accept a power of attorney, can insist on meeting with the adult who made the power of attorney. [53:35]

  • Whether attorneys are required to confer with each other where more than one is appointed under a power of attorney.  [55:50]

Featuring

Cheyenne Reese

Cheyenne Reese is a lawyer at Legacy Tax + Trust Lawyers in Vancouver, where she assists clients with tax, estate and trust planning. Cheyenne received her J.D. from the University of Victoria in 2005 and a Masters of Law in International Taxation from New York University in 2006. A major part of her practice is related to cross-border US–Canada transactions and estate planning, and she presents often on cross-border tax and estate planning issues.

Hilde Deprez

Hilde Deprez is a notary public at Deprez & Associates. She has a Masters of Law from the University of Leuven in Belgium, and has been a notary in British Columbia since 2001. She and her husband Filip de Sagher provide notarial services from their offices on Vancouver’s west side.

Attendee feedback

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Additional resources 

From People’s Law School: 

Nidus Personal Planning Resource Centre and Registry: 

Other webinars on wills and planning for your future

We have other webinar recordings on putting your affairs in order:

As well, other webinar recordings cover Settling an Estate and Contesting a Will.

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