Tag Archives: Power of Attorney Act

The New Test for Capacity to make an Enduring Power of Attorney

BC’s new Power of Attorney Act (the “Act”), which came into effect on September 1, 2011, brought with it a number of changes relating to the “enduring power of attorney”, which is a type of power of attorney that continues to be valid after the person giving the power becomes incapable of managing his or her own affairs.

One of the changes in the new Act relates to the required capacity of the person giving the power (the “Grantor”) at the time the enduring power of attorney is made. In order to make a valid enduring power of attorney, the Grantor must understand the nature and consequences of the power of attorney. The Act provides that a Grantor does not understand the nature and consequences of an enduring power of attorney if they cannot understand all of the following:

Read full article