FAQ’S

Question

If you have a question that is in “general” nature and not listed below, please email Samantha to ask.

Q:  How Can I Use A Notary Public?

  • For all your Real Estate needs. 
  • Your Mortgage.
  • Your Will
  • As your Estate Executor.
  • For your Power Of Attorney
  • Representation Agreements & Health Care Directives
  • Home & Hospital Visits
  • Advice
  • Notarizations

And for Other Services… click here. 

 

Q: What can a Power of Attorney do for you?

Purpose
Provide a trusted representative, in your absence, illness or mental infirmity, with the power and right to perform all acts and conduct your affairs as you would do.

General vs. Specific
A General Power of Attorney grants your representative full and unlimited duties and powers to handle your affairs in accordance with your instructions.

A Specific Power of Attorney limits the acts and performances of the representative to only those areas defined in the Power of Attorney and/or for a specific period of time, e.g. while away travelling, or a specific task (i.e selling your house)

Enduring Power
The insertion of the appropriate wording can ensure that your appointed representative can continue to act on your behalf beyond a time of mental infirmity (Stroke, Alzheimer, etc.). Such a clause MUST be included in a Power of Attorney if the parties wish it to be effective at the Land Title Office more than three years after its’ execution.

Safeguards
If you have any doubts or feel uncomfortable in granting a General Power of Attorney for fear of misuse, three simple and easy safeguards are:

  • Appoint two (or more) parties to work together;
  • Limit the powers granted and/or the time frame for which the appointments will exist;
  • Lodge it for safekeeping in my Safety Deposit Box with a “Retainer Agreement”.

Short Form/Long Form Powers of Attorney
If you have assets outside of British Columbia, you may wish to use a Long Form Power of Attorney in the hopes that the jurisdiction in which your foreign assets are held will accept the British Columbia Long Form Power of Attorney which is extensive and directive in its content.

There is often confusion as to the purpose of a Power of Attorney, but the most asked questions seem to be:

Will this Power of Attorney be effective after the death of the Donor?
The answer is No.  
The Power of Attorney is a document used while you are alive.  The Will is the document used by your Estate after your demise.

It is IMPERATIVE that you have your Last Will and Testament in place to ensure that you are directive in the passing of your estate.

 

Q : Is a living Will legal?

No, not in British Columbia. You must use a Representation Agreement appointing who you want to act, which should be accompanied with a Health Care Directive addressing WHAT you want them to do.

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