Posts Tagged ‘Power of Attorney’

When Do You Need to Hire a Notary?​​​​​​​

A notary public (also known as a notary), is a trained professional who can provide limited legal services to the public.

Notaries have been around for a long time. Babylonian notaries chiselled the oldest written law into stone over 4000 years ago. At that time, notaries were wise and trusted members of society. Their role was to oversee transactions and guarantee their fairness.

The role has since evolved into a professional service, but its essence is still the same. Notaries still guarantee the fairness and legality of transactions.

When Do You Need a Notary?

There are a number of scenarios in which you should consider hiring a notary. These include:

  • If you’re looking to buy or sell a house
  • If you’re looking to transfer a property to a family member
  • If you’re getting a mortgage
  • If you want to write a will, a representation agreement, or a power of attorney
  • If you or your spouse are planning on travelling with your children
  • If you need to sign an affidavit
  • If you’re moving to another country and need documents notarized

Many people think that they should hire a lawyer to do these things. I’ve written about the difference between lawyers and notaries in the past, but here’s what you need to know in a nutshell:

BC Notaries are experts in the areas we choose to practice.  

If we act for you in a residential real estate transaction, for example; our experience will help us to identify issues and deal with them before they become problems.

The Difference Between Lawyers and Notaries

If we do get to a place where litigation is necessary, we have a network of trusted referral partners and we will find a lawyer who’s an expert at litigation.  

What Can Bc Notaries Do for You?

BC Notaries have professional standards dictated by the Notaries Act of BC. They also are governed by the rules, by-laws and best practices dictated by The Society of Notaries Public of British Columbia.

That means that at David Watts Notary Public we are certified experts, and can help you with all your notary needs.

1. REAL ESTATE TRANSFERS

We help you complete you with Purchases, Sales, Mortgages and Family Transfers.

2. PERSONAL PLANNING DOCUMENTS

Prepare for the future with Wills, Powers of Attorney, and Representation Agreements.

3. NOTARIZATION

General Notarizations and Certified True Copies of Original Documents as well as Notarize your signature on:

  • Travel Letters
  • Affidavits
  • Statutory Declarations
  • Letters of Invitation
  • Passport Documents
  • Various Applications

4. INTERNATIONAL AUTHENTICATION AND LEGALIZATION SERVICES

Get Documents authenticated and legalized for use in Canada and around the world.

Get In Touch

To find out more including information about our processes and receiving a quote please call or email us.  We are happy to assist you directly or to provide a referral for someone who can help.

Read More
5 Important Reasons The Best Power Of Attorney Is A Neutral Third Party

5 Reasons The Best Power Of Attorney Is A Neutral Third Party

Finding the right person to grant power of attorney to isn’t always easy.

This person will manage your financial and legal interests and will hold significant power over your future.

They’ll also be there to take on a lot of responsibilities, and will need to navigate complex bureaucracy to effectively manage your affairs.

That’s why it’s important that you grant power of attorney to someone who you trust deeply. They need the skills and experience represent your interests if you can no longer do so yourself.

While some people choose family members or friends to act as their attorneys, that’s not always the best option.

You might not have anyone you trust or that has the right qualities and skills needed to do the job.

In those cases, choosing a family member or friend to act as an attorney isn’t the best option – the best power of attorney is a neutral third party.

What is exactly is a power of attorney?

A power of attorney document is extremely important.

It allows you to authorize someone else to sign documents and act on your behalf. The power applies to financial or legal issues, and can also be used to buy and sell assets and sign tax returns if you are out of town or incapacitated.

It doesn’t, however, apply to health care decisions (you’ll need a Representation Agreement for that).

The power granted can take one of two forms:

  • Specific power of attorney: This type of power of attorney allows you to choose someone to manage your affairs for a specific purpose and time period (to authorize someone to sign documents when selling a specific asset, for instance).
  • Enduring general power of attorney: This type of power of attorney allows you to choose an attorney who will take control of all your legal and financial matters if something were to happen to you.

A power of attorney agreement can be cancelled at any time and can be customized to your specific needs and desires.

Types of Power of Attorney

Why do you need a power of attorney?

A power of attorney guarantees that someone you trust will control your finances if you were to become suddenly incapacitated, or suffer from a disease such as Alzheimer’s.

You should seriously consider granting a power of attorney if you:

  • Want to make sure that someone you trust takes care of paying bills and managing your finances if you are incapacitated or out of town.
  • Are getting older and want to put a safeguard in place should something unexpected happen.
  • Believe that you may need help managing your daily finances now or in the future.
  • Are planning to sell a property or asset while living overseas or traveling.
  • Are in the early stages of Alzheimer’s, other forms of dementia, or degenerative diseases.

Who can you appoint as your attorney?

The only people who can’t be appointed as your power of attorney are people who you pay to be your caregivers.

Otherwise, anyone over the age of 19 who is able to understand the responsibilities involved can do it.

When acting on your behalf, your attorney must act honestly, in good faith and in your best interest. They must also make sure to keep records of any financial activity done on your behalf.

Because your power of attorney will have significant power, it is important to choose somebody you trust and who is comfortable with financial matters.

That’s why you’ll want to ask yourself the following questions before settling on an attorney:

  • Are they knowledgeable about taxes and the responsibilities?
  • Are they organized and meet deadlines?
  • Will they be willing to devote their time to manage your affairs?
  • Can they set their emotions apart and get the job done?
  • Do you want to burden them with the responsibility of managing your financial and legal interests?

A lot of people fail to ask these questions and choose their spouse, a family member or a friend to act as their attorney. While on paper this may sound like a good decision, loved ones aren’t always the best choice for power of attorney.

Before Choosing A Power Of Attorney

They may not have the experience or expertise required to do the job, or may not be able to handle the many responsibilities that go with being an attorney.

That’s why a trusted professional or company is a great alternative.

Experienced professionals who act in your best interests may be a great option to consider. Since they fully understand the rules and responsibilities of being an attorney, they are your best choice to make sure that all your affairs are handled in a timely and efficient manner.

At David Watts Notary Public, we can act on your behalf as your power of attorney; or find someone who is appropriate for you.

Why You Should Grant Power Of Attorney To A Neutral Third Party

1. They have the right skills

Professionals that have the skills and knowledge to be great attorneys may be notary publics, lawyers, and accountants who work together to make sure all aspects of your affairs are dealt with.

2. They understand their responsibilities

Choosing a loved one as your attorney means burdening them with a number of new responsibilities that they may not understand or want.

Neutral third party attorneys are well aware of their responsibilities and know how to navigate legal and financial bureaucracy.

3. Efficiency

Having the rights skill set and understanding the responsibilities of being an attorney allow professionals to act effectively on your behalf, making sure your legal and financial affairs are dealt with in a timely and cost-effective manner.

4. They’re familiar with your financial situation and obligations

Being familiar with the person’s overall financial picture and obligations make it much easier for a third party attorney to make correct decisions on your behalf.

5. They aren’t clouded by emotions

Making financial decisions is never easy, but it gets even harder when emotions are involved. That’s why choosing a choosing a loved one to be your attorney may actually cause more pain than you intend.

Settling on a professional to act as your attorney will help balance emotions in the way in which your money is administered.

How do I grant power of attorney?

In British Columbia, granting a power of attorney to someone is not a difficult process and information is readily available.

Getting professional help from a BC Notary or lawyer will allow you to get good advice on how to successfully grant a power, and who to grant it to.

Get in touch if you have questions or need help with deciding who should be your Power of Attorney.

Read More

Power of Attorney for Your Kids While They Are Away At School

One of the things notary public’s prepare is Powers of Attorney. We had a client come in with a really good idea for a Power of Attorney; her son is going away to school in Ontario, and so he gave his mom Power of Attorney. This was done so that while he is away at school if there is anything that needs to be signed for him in Vancouver it can be done by his mom.

Read More