Enduring Power of Attorney

What Is an Enduring Power of Attorney?

A Power of Attorney is a legal document in which you (the Donor) authorize another person (your Attorney) to make financial and property decisions on your behalf. "Enduring" means the authority continues — or endures — even if you later lose mental capacity. This is the critical distinction.

A standard (non-enduring) Power of Attorney automatically becomes invalid if you become mentally incapacitated. An Enduring Power of Attorney remains in force precisely when you need it most.

Why an Enduring Power of Attorney Matters

Most people assume their spouse or adult children can automatically step in to manage their finances if something happens to them. In Nova Scotia, this is not true. Without a valid Power of Attorney, your family has no legal authority to access your bank accounts, pay your bills, manage your investments, or deal with your property — even in an emergency.

If you become incapacitated without an Enduring Power of Attorney in place, your family may have to apply to the Nova Scotia Supreme Court for a guardianship order — a process that is expensive, slow, and emotionally difficult. Granting a Power of Attorney now avoids all of that.

What Your Attorney Can Do

Unless you restrict their authority in the document, your Attorney can:

• Access and manage your bank accounts
• Pay your bills and ongoing expenses
• Manage and sell your investments
• Deal with your real property (subject to Land Registry requirements)
• File your tax returns
• Manage your business interests
• Collect income owed to you

A Power of Attorney does not give your Attorney authority over healthcare decisions — that is the role of a Personal Directive.

Choosing Your Attorney

Your Attorney must be an adult (19 or older in Nova Scotia) who is mentally capable, and must not be your paid caregiver unless that person is also your spouse, partner, or close family member. You can appoint more than one Attorney — either to act jointly (both must agree) or jointly and severally (either can act independently). You can also name a successor Attorney in case your first choice is unable or unwilling to serve.

Choose someone you trust absolutely. The role carries significant responsibility and very little external oversight. Consider whether your choice is organized, financially responsible, and able to handle the administrative demands of the role under what may be stressful circumstances.

Immediate vs. Springing Authority

A Power of Attorney can be drafted to take effect immediately upon signing, or to "spring" into effect only upon your incapacity (as confirmed by a physician). Immediate authority is more practical in most cases — it allows your Attorney to assist you with minor tasks whenever convenient, and avoids the procedural delay of establishing incapacity in an emergency. A trusted Attorney should not need to be restricted to a springing grant.

Attorney Compensation

Unless your Power of Attorney specifies otherwise, your Attorney is entitled to reasonable compensation for their time and effort, as set out in Nova Scotia's Powers of Attorney Act. If you wish your Attorney to serve without compensation — or at a specific rate — this can be addressed in the document.

When Does a Power of Attorney End?

A Power of Attorney ends when you revoke it in writing, when you die (at which point your Executor takes over), when a court order terminates it, or when your Attorney can no longer act and no successor is named. It does not end when you lose capacity — that is the entire point of making it enduring.

The Complete Package

A Power of Attorney addresses your finances. A Personal Directive addresses your healthcare. A Legal Will addresses your estate after death. All three work together and all three are included in the standard package at $395 for one person, $495 for a couple.