Power of attorney rules: Ontario, BC and Alberta compared

A power of attorney drafted for the wrong province is the most common defect banks and hospitals see. The names differ, the ages differ, and the witnessing rules differ enough to void a document. The map:

Ontario

Under the Substitute Decisions Act, 1992:

• Continuing Power of Attorney for Property — from age 18. “Continuing” is the operative word: it survives your later incapacity. Two witnesses; disqualified witnesses include the attorney, the attorney’s spouse, your own spouse or partner, your child, and anyone under 18.
• Power of Attorney for Personal Care — from age 16. Same two-witness rule with the same exclusions.

The property POA is effective when signed unless you say otherwise — meaning your attorney could act immediately. You can instead make it springing (effective on incapacity), at the cost of your bank asking who certifies the spring. Most people accept immediate effect and store the document safely.

British Columbia

Two statutes, two documents:

• Enduring Power of Attorney (Power of Attorney Act) — property and finances, from age 19. Two witnesses, or one if that witness is a BC lawyer or notary. The attorney’s spouse, child, parent or employee cannot witness. The attorney must sign the document too before acting — a BC quirk people miss.
• Representation Agreement (Representation Agreement Act) — health and personal care, from age 19 for the standard section 9 agreement. BC deliberately does not call this a power of attorney.

Alberta

• Enduring Power of Attorney (Powers of Attorney Act) — property, from age 18. One witness suffices (not the attorney or their spouse). Can be immediate or springing on written declaration of incapacity.
• Personal Directive (Personal Directives Act) — health and personal care, from age 18, appointing an agent. One witness, similar exclusions.

Both documents for your province are included with your will at no extra cost — how the pieces fit together.