When Does a Power of Attorney End

Power of Attorney EndIt is not always clear to an attorney when the donor may intend to bring to an end or revoke a power of attorney.

Generally speaking, any adult who  is  mentally capable  of understanding the nature and consequences of doing so, may change or revoke an  enduring  power of attorney.

Under section 28 of the Power of Attorney act,  after changing or revoking an enduring power of attorney, the adult must  then give written notice to reach attorney which is then binding .

 

A change to an enduring power of attorney is also binding on an attorney who receives notice of the change.

Section  29 of the Power of Attorney act  deals with the situation when the authority of an attorney is suspended or ends .

The section then gives  several examples of when  the  authority of the attorney  is terminated , which include:

termination by the adult ,

-if the provisions  of the  power of attorney that gives authority to the attorney  are revoked,

-resignation ,

-marital separation if the attorney is the adult spouse ,

-mental incapacity or death,

-bankruptcy

-and various criminal convictions , particularly if the adult was the victim .

Anything that had been lawfully done by an attorney on behalf of the adult, including making an agreement, remains binding on the adult after the authority of the attorney ends .

with respect to an enduring power of attorney, section 30 provides   if an adult becomes incapable after making and injuring power of attorney, than any authority given to an attorney under that enduring power of attorney continues.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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