New Attorney Checklist
NOTE – Other parts of the Attorney Toolkit should be reviewed before completing this checklist.
o Carefully review the EPOA document:
o Signed by donor and attorney?
o Witnessed by 2 witnesses [1 witness if lawyer or notary]?
o Witnesses not prohibited (caregiver for hire, or employee of care facility – unless spouse/parent/child)?
o Donor had capacity when signing? No fraud, undue influence or other form of abuse or neglect used to induce donor to make EPOA or change or revoke prior EPOA?
o Does EPOA provide for compensation (payment) to attorney [or just reimbursement for out-of-pocket expenses]?
o If EPOA – enduring clause that complies with Power of Attorney Act?
o If ‘springing’ EPOA – trigger conditions met?
o Confirm no revocation or other EPOA or RA with revocation clause?
o Note and comply with any conditions or restrictions on power
o If any personal property is outside BC – check with a lawyer in that province, territory or state.
o Check whether there is a Representation Agreement (for healthcare and personal care decisions)
o Confirm no conflicting section 7 RA with financial powers [section 7 (1) (b) or section 7 (1) (d) of the Representation Agreement Act]
o Confirm no s9 RA pre-2011 with revocation of POAs clause
o Confirm there is no Committee of Estate – either court appointed or through Certificate of Incapability
o Confirm with donor when donor wants you to act (assuming capacity of donor)
o If you are the alternate attorney – have you proper evidence of authority to act? [e.g. – statutory declaration by you, donor or other attorney declaring that primary attorney has resigned or their authority has ended]
o Make copies of EPOA – deliver to bank, other relevant financial institutions, other relevant parties [spouse, alternate attorney, lawyer, financial adviser, children, Canada Revenue Agency] [NOTE – they may require notarial true copies]
o Do an inventory of donor’s property and financial assets/liabilities
o Prepare a budget based on donor’s income & expenses
o Review donor’s insurance
o Set up filing system for donor’s papers
o Send regular reports to donor [quartery? Half yearly?]
o Act to foster the independence of the adult/donor and encourage the adult's involvement in any decision-making that affects the adult
For power to deal with real estate [including mortgages, easements, etc.]:
o EPOA must be witnessed by lawyer or notary
o Exact name of donor in POA as is listed on title of property (search at land title office)
o Register POA at land title office
o If any real estate is outside BC – check with a lawyer in that province, territory or state.
NOTE - EPOA for real estate expires in 3 yrs unless EPOA or unless general POA says “Section 56 of the Land Title Act does not apply.”
Power to deal with motor vehicle:
o was EPOA notarized? [ICBC may want notarized EPOA so attorney can renew car insurance or sell vehicle]