A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to make financial and legal decisions on your behalf if you become unable to do so.
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Powers of Attorney
Cunningham & Co. can help you prepare and execute Powers of Attorney — all remotely and electronically. Our virtual process ensures that you receive the same legal protection and oversight as an in-person appointment, without leaving the comfort of your home.
What is a Power of Attorney?
In British Columbia, a Power of Attorney (POA) is a legal document that gives a person you appoint, called an “attorney,” the authority to manage your financial and legal affairs on your behalf. There are two main types: a general POA, which ends if you become mentally incapable, and an enduring POA, which continues to be valid even if you become mentally incapable. Both documents must be signed while you are mentally capable and over 19 years old.
At Cunningham & Co., all Powers of Attorney are lawyer-drafted, tailored to your specific circumstances, and reviewed to ensure they comply with BC law.
Why do I need a Power of Attorney?
Without a valid Power of Attorney, there may be no one legally authorized to make decisions on your behalf if you become incapacitated. This can lead to delays, family disputes, or court-appointed guardianship, which can be stressful, costly, and time-consuming.
A properly prepared POA ensures that your financial affairs continue to be managed smoothly and your family members or loved ones are not burdened with difficult decisions without guidance.
The process of drafting a Power of Attorney with Cunningham & Co.
Our process is simple, thorough, and entirely virtual. We will draft you a customized Power of Attorney that complies with BC law and addresses your specific needs. We will also set up a virtual signing session for you with our lawyer and a witness from our firm, ensuring full legal compliance and validity.
By handling everything virtually, you get the same protection, supervision, and lawyer guidance as an in-person meeting, without the inconvenience of travel or office visits.
Who can be my attorney?
You may appoint any person you trust — a family member, a spouse, a friend, or professional advisor — as your attorney. It’s crucial to choose someone responsible, reliable, and willing to act in your best interests. Some considerations when selecting an attorney include:
- Avoid appointing someone who may have a conflict of interest
- Discuss your wishes clearly with your attorney to prevent misunderstandings
- Consider naming alternate attorneys in case your first choice is unavailable
Should I have separate planning documents for financial vs. personal decisions?
Many clients benefit from having separate documents: a Power of Attorney for financial and property matters, and a Representation Agreement for personal care and health. This ensures that the right person has authority over the right decisions and avoids legal complications.
For example, a financial professional may manage your investments and property under a Power of Attorney, while a trusted family member may make decisions regarding your personal care under a Representation Agreement.
We tailor your planning documents to match your personal and family situation, ensuring your wishes are clear and legally enforceable.
Frequently asked questions
Can I make a Power of Attorney on my own?
Yes, but DIY documents may not comply with BC law, and errors can create disputes or invalidate the POA. Lawyer-drafted documents reduce this risk.Can I change or revoke my Power of Attorney?
Yes, as long as you still have capacity, you can revoke or update your POA at any time.Do I need a Power of Attorney if I have a will?
Yes. A will only takes effect after death. A POA ensures your affairs are managed if you become incapable while alive.Can I include multiple attorneys?
Yes, you can appoint joint or alternate attorneys. Our lawyers help structure this carefully to avoid conflicts and ensure smooth decision-making.
Why should you hire us to draft your Power of Attorney?
Our Powers of Attorney are lawyer-drafted, tailored to your unique circumstances, and fully compliant with BC law. Every step is guided by our team, including a virtual signing session with two independent witnesses, so you can have confidence that your instructions will be legally enforceable and respected.
By choosing Cunningham & Co., you receive full legal oversight without leaving home, along with expert guidance on structuring your POA to protect your interests and your loved ones.
Book a free consultation today to discuss your situation, review your options, and ensure your financial affairs are protected.
