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The short version: a Power of Attorney (POA) lets someone — the "attorney" — act on behalf of a person who's still alive but unable or unwilling to handle a transaction themselves. For real estate specifically, the POA needs to be enduring, properly prepared and witnessed, and generally registered with BC's Land Title and Survey Authority before it can be used to sell a home. Get any of those wrong, and a sale can fall apart after it's already underway.

Enduring vs. non-enduring Power of Attorney

This is the single most important distinction. An enduring POA is specifically drafted to remain valid even if the person who signed it ("the donor") later becomes mentally incapable — which is exactly the situation where a POA is most needed. A non-enduring (general) POA automatically ends the moment the donor becomes incapable, and under BC's Land Title Act, a POA that isn't enduring is generally treated as expired after three years for land title purposes, regardless of whether the donor is still capable.

If your family member signed a general, non-enduring POA years ago and has since become incapable, it may no longer be valid for a real estate transaction at all — which is a hard thing to discover partway through a sale. This is worth confirming early, ideally with a lawyer or notary reviewing the actual document.

What the Land Title Office actually requires

To be usable for a BC property transaction, a POA generally needs to:

A POA that looks valid on paper but was drafted without professional help, or wasn't witnessed correctly, is one of the most common ways a real estate transaction under POA runs into trouble — sometimes not discovered until the lawyer doing the closing reviews the document.

Mark Jontz flags this early, every time. Before listing a home under a Power of Attorney, Mark confirms the document itself has actually been reviewed by a lawyer or notary for real estate purposes — not just assumed to be valid because it exists. Catching an issue before a property is listed is a very different situation than catching it after an accepted offer.

A POA stops working the moment the person dies

This trips people up constantly: a Power of Attorney only has legal authority while the donor is alive. The instant they pass away, the POA is void — even if it was perfectly valid the day before. From that point forward, the property has to go through the estate: an executor (if there's a will) or administrator (if there isn't) needs to be appointed, and probate is generally required before the property can be sold. If a sale is in progress under POA when the donor passes away, it needs to be restructured through the estate instead — the existing POA can't simply continue.

What if there's no valid POA at all?

If a family member has already become incapable and no enduring POA was ever signed — or the one that exists turns out not to be valid — nobody automatically has authority to sell their home. The remaining option is applying to the BC Supreme Court to become their Committee of the Estate, a considerably more involved court process. See our Committee of the Estate guide for what that actually requires.

This page provides general information about Powers of Attorney in BC real estate transactions and is not legal advice. Every situation is different — please have the specific POA document reviewed by a lawyer or notary before relying on it.

Common Questions

Power of Attorney & Real Estate — FAQ

What's the difference between an enduring and a non-enduring Power of Attorney?
An enduring POA stays valid even if the person who signed it later becomes mentally incapable — that's the whole point of it for estate planning. A non-enduring (general) POA automatically ends if the signer becomes incapable, and in BC also generally expires after three years for land title purposes unless it's enduring.
Can a Power of Attorney be used to sell a house after the owner has died?
No. A Power of Attorney only has authority while the person who signed it is alive. Once they pass away, the POA is void, and the sale has to go through the estate — the executor or administrator, via probate — instead.
Does a Power of Attorney need to be registered anywhere to sell real estate?
To be used for a property transaction, the POA generally needs to be registered with BC's Land Title and Survey Authority (LTSA), and it must be prepared and witnessed in a way that meets Land Title Office requirements — if it wasn't prepared by a lawyer or notary, it may not be accepted. Confirm this early with the lawyer or notary handling the sale.
What if the POA wasn't prepared by a lawyer or notary?
It may not be accepted for land title purposes. This is one of the most common issues that derails a sale partway through — worth confirming with a lawyer or notary before a property goes on the market, not after an offer is already in.
What if there's no valid Power of Attorney at all?
If someone becomes incapable without a valid enduring POA in place, nobody automatically has authority to sell their property — a court application to become their Committee of the Estate is generally required instead. See our Committee of the Estate guide.
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