B.C. Reg. 20/2011
O.C. 30/2011
Deposited February 3, 2011
effective September 1, 2011

Power of Attorney Act

Power of Attorney Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 111/2011, September 1, 2011]

Point in Time

Contents
 1 Definition
 2 Records of attorneys
 3 Maximum value of gifts, loans and charitable gifts
 4 Extrajurisdictional powers of attorney
 5 Transition — paid caregivers as attorneys
 6 Transition — payment and expenses of attorney
Schedule

Definition

1  In this regulation, "Act" means the Power of Attorney Act.

Records of attorneys

2  (1) An attorney acting under an enduring power of attorney must make a reasonable effort to determine the adult's property and liabilities as of the date on which the attorney first exercises authority on the adult's behalf, and maintain a list of that property and those liabilities.

(2) An attorney acting under an enduring power of attorney must keep the following records in relation to the period for which the attorney is acting:

(a) a current list of the adult's property and liabilities, including an estimate of their value if it is reasonable to do so;

(b) accounts and other records respecting the exercise of the attorney's authority under the enduring power of attorney;

(c) all invoices, bank statements and other records necessary to create full accounts respecting the receipt or disbursement, on behalf of the adult, of capital or income.

[am. B.C. Reg. 111/2011, s. 4.]

Maximum value of gifts, loans and charitable gifts

3  For the purposes of section 20 (1) (c) of the Act, the total value of all gifts, loans and charitable gifts made by an attorney in a year must not be more than the lesser of

(a) 10% of the adult's taxable income for the previous year, and

(b) $5 000.

Extrajurisdictional powers of attorney

4  (1) In this section, "deemed enduring power of attorney" means an instrument made in a jurisdiction outside British Columbia that is deemed under subsection (2) to be an enduring power of attorney made under the Act.

(2) Subject to subsection (3), an instrument is deemed to be an enduring power of attorney made under the Act if the instrument

(a) grants a power of attorney to a person that continues to have effect while, or comes into effect when, the adult is incapable of making decisions about the adult's financial affairs,

(b) was made by a person who was, at the time of its making, ordinarily resident

(i)   outside British Columbia but within Canada, or

(ii)   within the United States of America, the United Kingdom of Great Britain and Northern Ireland, Australia or New Zealand,

(c) was validly made according to the laws of the jurisdiction in which

(i)   the person was ordinarily resident, and

(ii)   the instrument was made, and

(d) continues to be effective in the jurisdiction in which the instrument was made.

(3) To be effective in British Columbia, a deemed enduring power of attorney must be accompanied by a certificate, as set out in the Schedule, from a solicitor permitted to practise in the jurisdiction in which the deemed enduring power of attorney was made indicating that the deemed enduring power of attorney meets the requirements set out in subsection (2) (a) to (c).

(4) A person named as an attorney in a deemed enduring power of attorney must not, in British Columbia, exercise any powers or perform any duties as an attorney

(a) that could not lawfully be exercised or performed by an attorney

(i)   under the Act, or

(ii)   in the jurisdiction in which the deemed enduring power of attorney was made, and

(b) unless both the person who made the deemed enduring power of attorney and the attorney are at least 19 years of age.

(5) Unless the adult is ordinarily resident in British Columbia, sections 34 and 35 of the Act do not apply in relation to an adult who makes, or an attorney who acts for an adult under, a deemed enduring power of attorney.

Transition — paid caregivers as attorneys

5  If an adult, in a power of attorney that was validly made under section 8 of the Act before that section was repealed on September 1, 2011, appointed as attorney an individual described in section 18 (1) (a) of the Act,

(a) section 18 (1) (a) of the Act does not apply, and

(b) the individual may act, or continue to act, as the adult's attorney.

[am. B.C. Reg. 111/2011, s. 4.]

Transition — payment and expenses of attorney

6  (1) This section applies to an attorney acting under a power of attorney that was validly made under section 8 of the Act before that section was repealed on September 1, 2011, and that either

(a) expressly authorized the attorney to be compensated for acting as the adult's attorney, but did not set the amount or rate, or

(b) did not expressly authorize the attorney to be compensated for acting as the adult's attorney, but this was done in another document that

(i)   was made and signed by the adult, and

(ii)   is ancillary to the power of attorney,

regardless of whether the adult set the amount or rate in the other document.

(2) If either of the circumstances set out in subsection (1) of this section apply,

(a) section 24 (1) of the Act does not apply, and

(b) the attorney may be compensated for acting as the adult's attorney in accordance with the power of attorney or other document, as applicable.

Schedule

Certificate of Extrajurisdictional Solicitor

(made under section 4 of the Power of Attorney Regulation)

[to be completed by a solicitor in the jurisdiction in which an extrajurisdictional enduring power of attorney was made]

Part 1 — Identification of solicitor

1 This certificate applies to the power of attorney made ................................ [date] by ......................................................................... [name of adult], authorizing

.................................................................................................................................

.................................................................................................... [name of attorney or attorneys] to do the following:

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

[summary of the powers the attorney, or each attorney, is granted].

2 I am lawfully entitled to practise law in ........................................................ [name of jurisdiction, including province or state, if applicable, and country].

3 My contact information is as follows:

............................................................................. [name]

............................................................................. [telephone number]

............................................................................. [address]

............................................................................. [city, province or state]

............................................................................. [postal code or zip code]

............................................................................. [e-mail (optional)].

4 The regulatory body that governs the practice of law in my jurisdiction is

............................................................................. [name]

............................................................................. [telephone number]

............................................................................. [address]

............................................................................. [city, province or state]

............................................................................. [postal code or zip code].

Part 2 — Certifications made by solicitor

1 I certify that

(a) the power of attorney described in Part 1 of this certificate grants a power of attorney that continues to have effect while, or comes into effect when, the adult who made the power of attorney is incapable of making decisions about the adult's financial affairs,

(b) at the time of making the power of attorney, the adult who made it was to the best of my knowledge ordinarily a resident of ......................................... [province or state, if applicable, and country], and that jurisdiction is

(i) outside British Columbia but within Canada, or

(ii) within the United States of America, the United Kingdom of Great Britain and Northern Ireland, Australia or New Zealand, and

(c) the power of attorney was validly made according to the laws of the jurisdiction in which

(i) the adult who made the power of attorney was ordinarily resident, and

(ii) the power of attorney was made.

.............................................................................., .......................... [date].

[signature of solicitor]

[Provisions relevant to the enactment of this regulation: Power of Attorney Act, R.S.B.C. 1996, c. 370, section 41 (2) (b) and (c) and (4)]