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“Point in Time” Act and Supplement Content

POWER OF ATTORNEY

[RSBC 1996] CHAPTER 370

NOTE: Links below go to act  and supplement content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
Part 1September 1, 2011
1September 1, 2011
2September 1, 2011
5March 31, 2014
8September 1, 2011
Part 2, s. 10-31September 1, 2011
10March 25, 2015
29March 25, 2015
Part 3, s. 32-42September 1, 2011
34December 1, 2014
ScheduleDecember 4, 2006
 September 1, 2011
 September 1, 2011
Supplement, section 2March 29, 2001
SupplementSeptember 1, 2011

  Heading "Part 1 - Agency and Other Matters" was added by 2007-34-34, effective September 1, 2011 (BC Reg 14/2011).

Note: 2007-34-34 was amended by 2011-5-5, effective June 17, 2011 (BC Reg 111/2011).

  Section 1(part) BEFORE amended by 2007-34-35, effective September 1, 2011 (BC Reg 14/2011).

1  In this Act:

  Section 2(0.1) was added by 2011-5-30, effective September 1, 2011 (BC Reg 111/11).

  Section 5 BEFORE amended by 2009-13-247 effective March 31, 2014 (BC Reg 148/2013).

Probate or administration granted to an attorney

5  If probate or letters of administration have been granted to a person as attorney for some other person, sections 1 to 4 apply as if the payments made or acts done under the grant had been made or done under a power of attorney of which that other person was the donor.

  Section 8 BEFORE repealed by 2007-34-37 effective September 1, 2011 (BC Reg 14/2011).

 Enduring power of attorney

8  (1)  The authority of an attorney given by a written power of attorney that

(a) provides that the authority is to continue despite any mental infirmity of the donor, and

(b) is signed by the donor and by a witness to the signature of the donor, other than the attorney or the spouse of the attorney,

is not terminated only because of subsequent mental infirmity that would but for this Act terminate the authority.

(2)  The authority of an attorney given by a power of attorney referred to in subsection (1) terminates

(a) on the making of an order under section 3 of the Patients Property Act,

(b) on the appointment of a committee under section 6 (1) of that Act, or

(c) as provided in section 19 (a) or 19.1 (3) (a) of that Act.

  Part 2, sections 10 to 31 were enacted by 2007-34-38, effective September 1, 2011 (BC Reg 14/2011).

Note: 2007-34-38 was amended by 2008-30-3, 4, effective May 29, 2008 (Royal Assent).

Note: 2007-34-38 was amended by 2009-22-18, 19, effective October 29, 2009 (Royal Assent).

Note: 2007-34-38 was amended by 2010-6-142, effective June 10, 2010 (BC Reg 192/2010)

Note: 2007-34-38 was amended by 2011-5-7, 8, 9, effective June 17, 2011 (BC Reg 111/2011).

Note: 2007-34-38 was amended by 111/2011, effective September 1, 2011.

  Section 10, definition of "spouse" BEFORE amended by 2015-6-30, effective March 25, 2015 (Royal Assent).

"spouse" means a person who

(a) is married to another person and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

  Section 29(4) and (5) BEFORE amended by 2015-6-31, effective March 25, 2015 (Royal Assent).

(4) A marriage ends for the purposes of this section when an agreement, judgment or order referred to in section 56 of the Family Relations Act is first made in respect of the marriage.

(5) A marriage-like relationship ends for the purposes of this section when the parties to the marriage-like relationship stop cohabiting with each other, with the intention of ending the relationship.

  Part 3, sections 32 to 42 were enacted by 2007-34-38, effective September 1, 2011 (BC Reg 14/2011).

Note: 2007-34-38 was amended by 2008-30-5, effective May 29, 2008 (Royal Assent).

Note: 2007-34-38 was amended by 2009-22-20, 21, 22, effective October 29, 2009 (Royal Assent).

  Section 34(3)(e) BEFORE amended by 2014-9-43, effective December 1, 2014 (BC Reg 115/2014).

(e) take steps under the Patients Property Act to become a committee;

  Form 2 of the Schedule BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).

Cross out one of the following alternatives)

  Form 1 text BEFORE repealed by 2007-34-39 effective September 1, 2011 (BC Reg 14/2011).

(The following paragraph may be included if the donor wishes the authority granted by this power of attorney to continue despite any subsequent mental infirmity on the donor's part:)

In accordance with the Power of Attorney Act, I declare that this power of attorney may be exercised during any subsequent mental infirmity on my part.

  Form 2 text BEFORE repealed by 2007-34-39 effective September 1, 2011 (BC Reg 14/2011).

(The following paragraph may be included if the donor wishes the authority granted by this power of attorney to continue despite any subsequent mental infirmity on the donor's part:)

In accordance with the Power of Attorney Act, I declare that this power of attorney may be exercised during any subsequent mental infirmity on my part.

  Section 2 of the Power of Attorney Supplement BEFORE changes were made by 2001-2-22, effective March 29, 2001.

2 The following section is added:

 Representation Agreement Act

10  Nothing in this Act affects the Representation Agreement Act or an agreement made under that Act.

1993-67-62.

  Supplement BEFORE repealed by 2006-33-2 effective September 1, 2011. (BC Reg 14/2011 and 141/2011).

[Supplement]

Power of Attorney Act

[RSBC 1996] CHAPTER 370

1 Section 8 of the Power of Attorney Act is repealed.

1993-67-61.

2 [Repealed 2001-2-22.]

3 The Schedule, in Forms 1 and 2, is amended by striking out everything after "I can lawfully do by an attorney." and before "This power of attorney is subject".

1993-67-63.

 Commencement

4  Sections 1 to 3 come into force by regulation of the Lieutenant Governor in Council.

1993-67-65.