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Legal Ease
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Category: Canada Law
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Does a General Power of Attorney made in BC 10 years ago

Customer Question

does a General Power of Attorney made in BC 10 years ago ever expire if;
-the donor & 2 attorneys are both living (mother to 2 siblings who may act separately, the third attorney died 3 years after POA was made
-the donor is mentally capable
-the POA may be used during any subsequent mental infirmity
-there are no conditions or restrictions
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Does the donor want it to continue now?

Customer: replied 1 year ago.
the donor wants it to continue. the question is because some institutions are saying its old & one, a wealth manager says they require a new one, even though they have been using this one for 10 years
Expert:  Legal Ease replied 1 year ago.

The laws and forms have changed and so it is much better for the donor to do a new one now, while the donor is still competent.

At some point in time it will be rejected by more and more financial institutions.

Customer: replied 1 year ago.
my original question, does this POA ever expire?ie is this POA still valid?what laws have changed in BC? I cant find any changes from reading the Act?
Expert:  Legal Ease replied 1 year ago.

It does not expire but if an institution won't accept it then you are going to be in trouble and over time they stop accepting older forms. As the last thing you want is to have to go to court for an issue that may arise (the POA is to avoid that of course) it just doesn't make sense not to update it if you are being asked.

Here is a link to a template that may work just fine for you:

http://www.ag.gov.bc.ca/incapacity-planning/pdf/Enduring_Power_of_Attorney.pdf

It is put out by the government so it is reliable.

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