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WHEN IS A POWER OF ATTORNEY (POA) NOT VALID?



WHEN IS A POWER OF ATTORNEY (POA) NOT VALID?

A Power of Attorney (POA) is very flexible; there are many types and uses of a POA both business and personal because you can make a POA with only limited power, restricted in time and or task, or give an unrestricted general power where your designate can do anything you can do.


Most know that a Last Will & Testament (Will) is not effective until after death thus we all need a POA to delegate authority to someone (eg named Executor) before death. The reverse is also true - we need a Will to delegate authority after death because POA authority stops on death. Further, if your POA is not "enduring" by use of specific wording then your POA stops being effective if you are no longer able to give instructions to your "attorney".


Like an agent, an attorney is merely carrying out instructions so mental health injuries and illnesses can make a POA ineffective if it is not "enduring". You should also add specific wording that allows your POA designate to handle real estate for you otherwise legislation like the BC Land Title Act could restrict even a general power POA. Your Will and POA should be considered by everyone when doing your personal and estate planning because these two documents cover many of the financial needs of most people before and after death.


However, a POA was never meant to address the many what-if health-care decisions often required as we age. A Representation Agreement lists our health wishes.


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