Common Mistakes of Power of Attorney (POA)

In British Columbia, a Power of Attorney is effective when it is prepared in accordance with Power of Attorney Act of BC. While there are pre-printed Power of Attorney forms available from websites or legal stationers, these forms are not tailor made to be suitable for all situations. When it comes to dealing with real property using Power of Attorney, the Land Title Office has requirements before accepting documents signed by way of a Power of Attorney. If the Power of Attorney does not meet the requirements of the Land Title Office, it will not be accepted for registration and therefore not effective for land purposes.
 
Some of the common mistakes of Powers of Attorney are:

1. The Land Title Office requires the name in the Power of Attorney and on the property title to be exactly the same.  Best practice is best to obtain a title search for the property and check the exact name on title before preparing the Power of Attorney. If the owner has different versions of their name for different titles, more than one version of Power of Attorney may be needed.
2. If a Power of Attorney contains alternate, or "also known as", names for the attorney, the Land Title Office will decline to register the Power of Attorney.  A Power of Attorney with an "a.k.a." name for the attorney will not be accepted by the Land Title Office for registration purposes.
3. According to the section 26 of the Property Law Act of BC, the attorney cannot execute a transfer to him or herself without the Power of Attorney authorizing it. The Power of Attorney must specify the Attorney has such power to do so.  
4. If the Power of Attorney is applicable only after the occurrence of some specified events, any documents executed by Land Title Office must be accompanied as evidence that the Power of Attorney has occurred in the specified event.

​
It is important for the Power of Attorney to be prepared correctly in the first place and that mistakes stated above will result in Power of Attorney being rejected for registration at the Land Title Office.