New Attorney Checklist
NOTE – Other parts of the Attorney Toolkit should be reviewed before completing this checklist.
 Carefully review the EPOA document:
 Signed by donor and attorney?
 Witnessed by 2 witnesses [1 witness if lawyer or notary]?
 Witnesses not prohibited (caregiver for hire, or employee of care facility – unless
spouse/parent/child)?
 Donor had capacity when signing? No fraud, undue influence or other form of abuse or
neglect used to induce donor to make EPOA or change or revoke prior EPOA?
 Does EPOA provide for compensation (payment) to attorney [or just reimbursement for
out-of-pocket expenses]?
 If EPOA – enduring clause that complies with Power of Attorney Act?
 If ‘springing’ EPOA – trigger conditions met?
 Confirm no revocation or other EPOA or RA with revocation clause?
 Note and comply with any conditions or restrictions on power
 If any personal property is outside BC – check with a lawyer in that province, territory or state.
 Check whether there is a Representation Agreement (for healthcare and personal care
decisions)
 Confirm no conflicting section 7 RA with financial powers [section 7 (1) (b) or section 7
(1) (d) of the Representation Agreement Act]
 Confirm no s9 RA pre-2011 with revocation of POAs clause
 Confirm there is no Committee of Estate – either court appointed or through Certificate of
Incapability
 Confirm with donor when donor wants you to act (assuming capacity of donor)
 If you are the alternate attorney – have you proper evidence of authority to act? [e.g. –
statutory declaration by you, donor or other attorney declaring that primary attorney has
resigned or their authority has ended]
 Make copies of EPOA – deliver to bank, other relevant financial institutions, other relevant
parties [spouse, alternate attorney, lawyer, financial adviser, children, Canada Revenue
Agency] [NOTE – they may require notarial true copies]
 Do an inventory of donor’s property and financial assets/liabilities
 Prepare a budget based on donor’s income & expenses
 Review donor’s insurance
 Set up filing system for donor’s papers
 Send regular reports to donor [quartery? Half yearly?]
 Act to foster the independence of the adult/donor and encourage the adult's involvement in
any decision-making that affects the adult
For power to deal with real estate [including mortgages, easements, etc.]:
 EPOA must be witnessed by lawyer or notary
 Exact name of donor in POA as is listed on title of property (search at land title office)
 Register POA at land title office
 If any real estate is outside BC – check with a lawyer in that province, territory or state.
NOTE - EPOA for real estate expires in 3 yrs unless EPOA or unless general POA says “Section 56 of
the Land Title Act does not apply.”
Power to deal with motor vehicle:
 was EPOA notarized? [ICBC may want notarized EPOA so attorney can renew car insurance or
sell vehicle]