Written by Joanne on February 24, 2014
Why do I have to have the EPA drawn up by a lawyer or notary public if I am using the government EPA form?
My husband and I have prepared our own Enduring Powers of Attorney documents (EPA) using the form published by the Attorney General of BC, September 1, 2011. We need to have the EPA witnessed by a legal professional for Land Title purposes as we own real estate in BC. The notary we contacted said he would only do this for an EPA he has prepared. It is expensive and in our case it is a straight forward process to complete our own EPAs.
It is Nidus’ experience that a notary public and lawyer generally will not sign legal documents they did not prepare – such as an Enduring Power of Attorney or a Will.
The Ministry of Attorney General (now called Ministry of Justice) published an optional EPA form, however they did not consult with anyone because Nidus would have told them that it would be problematic for the public.
There were many amendments to the Power of Attorney Act affecting the Enduring Power of Attorney in September 1, 2011. The reference to the EPA went from being described in one section (one sentence) of the Power of Attorney Act to 32 new sections! A legal professional will want to go review your options with you. The government EPA form does not explain all the choices you have for making an EPA that might fit your situation.