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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100031
Experience:  Lawyer
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I am a US citizen who is a permanent resident of Canada.Can

Customer Question

I am a US citizen who is a permanent resident of Canada.Can my Daughter,who is a
registered Notary in Washington state,US.Can she be my Power of Attorney in BC Canada?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Thanks for your question.

Are you asking about a POA if you become incompetent? Is this for finances, care or both?

Customer: replied 11 months ago.
This POA would be for both care and finances.
Expert:  Debra replied 11 months ago.

It is legal for your daughter to ask as your attorney under a power of attorney in BC. However in terms of your care it will be very difficult for her to do so because this is only going to be the case that she is acting if you are incompetent.

It is more complicated in terms of the finances. If she has to instruct a stockbroker she will not be able to do so unless that stockbroker is licensed in her state.

As well, there are rules in the US that relate to her having to report if she is acting as an attorney for someone even if that person is in Canada and she will have many detailed returns to file and may face penalties if they are done incorrectly so it is vital for your daughter that she ask a lawyer or accountant in her city whether it is possible for her to do this or not.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 11 months ago.

Is there anything more I can assist you with at this point in time?

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