Recent Changes to Powers of Attorney


1. Determine if there is a valid Power of Attorney in place.

A Power of Attorney is a legal documents that grants to a person (sometimes called the “Attorney”) the right to sell and dispose of the assets of the Donor (the person granting the power of attorney). In British Columbia the statute (law) governing powers of attorneys has recently changed and new rules apply to have a valid Power of Attorney. If the Power of Attorney was drafted prior to 2012, the Seller should meet with a lawyer familiar with the recent legal changes.

Importantly an Original Power of Attorney must be available as this document must be filed (or already filed) in the Land Title Office to allow for the transfer of land. Note that a Power of Attorney is only valid to sell property while the Donor is alive. If the Donor should pass away prior to executing a Form A Transfer, the power of attorney will not be legally sufficient to transfer title to the lands.