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PDF Editor FAQ

What is the difference between registration and power of attorney in sale of land?

When you buy or sell property, the transfer deeds get registered at the appropriate title office for that property in that geographical area.For example, if you buy a manufactured home in BC, that transfer is registered in BC’s Manufactured Home Registy. If you buy land in BC, that transfer is registered in the BC Land Title Office. If you were buying land on First Nations property, the transfer would be registered in the Indian Lands Registry System in Ottawa.A Power of Attorney is a document that allows someone else to sign legal and financial documents on your behalf.For example, if you moved to Australia for two years, and wanted to sell your property while you were away, you might appoint someone as your attorney under a Power of Attorney document and then let your attorney sell your property for you. The documents your attorney signs on your behalf would get submitted to the appropriate registry, to record the change in ownership.

How do I make someone my power of attorney?

You can make a Power of Attorney document, which appoints someone you trust as your attorney.You give your Attorney various powers in that document, usually for your legal and financial affairs. You can sometimes draft your own Power of Attorney document, but it isn’t recommended.See a lawyer (or in some jurisdictions like BC, Canada) a Notary, and ask them to make you one. They will ask you questions about who you want to appoint, what you want them to do for you, and how long you want them to help.#BCNotaryPowers of Attorney

How powerful is a power of attorney in time of need?

It can be extremely powerful, if made and used properly.It can also be extremely dangerous if used improperly, and completely useless if made improperly or refused.In my jurisdiction (BC, Canada), an Attorney appointed under an unrestricted power of attorney can act on your behalf with respect to your legal or financial affairs.An attorney cannot:make you a new Willchange beneficiary designationsdo something on your behalf that requires your personal presence (eg. get married for you)act against your instructions or best interestsact for you if you are spouses and you have separated, or your marriage-like relationship has endedact for you if they become incapable, or you revoke the Power of Attorneyact for you if they have been convicted of an offence in which they have harmed youput your property into their name (alone or as joint tenant with you)act for you if the court terminates the Power of AttorneyAn attorney must follow the duties set out in the Power of Attorney Act, which reads, in part:1) An attorney must(a)act honestly and in good faith,(b)exercise the care, diligence and skill of a reasonably prudent person,(c)act within the authority given in the enduring power of attorney and under any enactment, and(d)keep prescribed records and produce the prescribed records for inspection and copying at the request of the adult.Since attorneys can steal, or abuse their power, it is important to appoint someone you trust, and to give them clear instructions on what you want them to do for you. The Attorney must report to you, or to your beneficiaries on your death.Powers of Attorney cannot be used for health or personal care decisions in my jurisdiction - a different document called a Representation Agreement is used for those matters.If the Power of Attorney is enduring, it can still be used if the adult who made it becomes incapable. If it is not an enduring Power of Attorney, it terminates upon the incapacity of the adult.It is not a requirement at law that just because you have made a Power of Attorney it will be honoured. It can be refused if the person being asked to honour it feels that it is invalid, or being used improperly.

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