CLIENT TALK
November, 2004

SPRINGING POWERS OF ATTORNEY

A power of attorney allows a designated person to act on your behalf. Powers of attorney vary depending on the extent of control one chooses to give to the attorney-in-fact. Control is limited to financial matters and property matters. One specific type of power of attorney is a springing power of attorney.

In September 2002, the BC Supreme Court rejected the use of springing powers of attorney in Goodrich v. British Columbia (Registrar of Land Titles), 2002 BCSC 599. The law has since changed in BC, and springing powers of attorney are again permitted.

A springing power of attorney springs into existence when a certain event occurs-usually when the grantor is declared incompetent by his or her doctor, confirmed by a statutory declaration or affidavit

The benefit to a springing power of attorney is that it allows a person to remain in control while healthy. This is appropriate for persons who feel uncomfortable delegating a power of attorney while they are still able to look after themselves. The problem arises when one becomes incapable of making reasonable choices and there is no power of attorney. It is too late to sign a power of attorney. The springing power of attorney avoids this dilemma.

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The opinion(s) expressed in this article may not be shared by the Law Corporation and is the opinion(s) of the author. This article is not intended to substitute for the advice of a lawyer. Please consult a lawyer regarding any legal issues you may have.

Shook, Wickham, Bishop & Field
906 Island Highway, Campbell River, B.C., V9W 2C3
Tel: (250) 287-8355
Fax: (250) 287-8112
Email: wickham@crlawyers.ca