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Power of Attorney Special Execution Provisions

Power of Attorney Special Execution Provisions

S. 16 of the Power of Attorney Act allows for special execution provisions for enduring powers of attorney such as when the donor is physically incapable of signing the document and another person wishes to sign on his or her behalf.

Usually the biggest concern is to ensure that the Power of Attorney is in a form that complies with the land title act so that property may be transferred.

In the case of a S. 16 situation the land registry relies on the signature of the officer ( lawyer, notary or other person authorized to take affidavits within BC) and for the officer to insure that the provisions of S.16 Power of Attorney act are met.

S 16 states :

16(2) Subject to subsection (3), an enduring power of attorney may be signed on behalf of an adult if

(a)    the adult is physically incapable of signing the enduring power of attorney,

(b)    the adult is present and directs that the enduring power of attorney be signed, and

(c)    the signature of the person signing the enduring power of attorney on behalf of the adult is witnessed in accordance with this section, as if that signature were the adult’s signature.”

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