NB Power of Attorney for Personal Care
I am pleased to announce that the Power of Attorney Wizard can now be used to create a Power of Attorney for Personal Care for individuals in New Brunswick:
So, if you live in New Brunswick, you can now create a Last Will and Testament using our Will-O-Matic Wizard. And you can also create a Power of Attorney for Property and a Power of Attorney for Personal Care using our Power of Attorney Wizard.
If you’d like to know more about Powers of Attorney for Personal Care in New Brunswick …keep reading… this is the third blog on this topic. Click here to read the first blog and here to read the second blog.
Caveat: the following is not legal advice and is provided for educational purposes only. If you need legal assistance, seek professional legal help.
Do you have to deposit your Power of Attorney for Personal Care somewhere?
There is no requirement that you deposit your Power of Attorney for Personal Care in any specific place. Indeed, the government of New Brunswick does not offer any kind of registry for keeping Continuing Powers of Attorney. As such, it is best to leave the Power of Attorney for Personal Care in a secure place (e.g. fireproof safe, with a trusted third party) and let your Attorney know where it is (or give him or her a copy), along with your Last Will and Testament. Instead of making additional original versions of the Power of Attorney for Personal Care, it is best to make one version and then have a lawyer notarize a true copy of that original.
What happens when I die?
A Power of Attorney for Personal Care only has effect while the Principal is alive. When the Principal dies, their Will (if they have one) or New Brunswick’s intestate laws (if they do not have a Will) will govern the final disposition of their property. Here, the Attorney will need to account to the Principal’s representative or trustee of their estate for the transactions that they entered into under the Power of Attorney for Personal Care.
Duty and Authority of Attorney
The Attorney has a fiduciary or special trust relationship with the Principal. As such, the Attorney is required to act in good faith in light of the Principal’s best interests. Pursuant to section 42 of the Infirm Persons Act, subject to the express terms of the Power of Attorney for Personal Care, an Attorney for Personal Care ahs the same obligations towards the Principal as a Committee of the Person appointed by the Court. The Attorney’s duties include: following the Principal’s instructions, avoiding conflicts of interest, being loyal to the Principal, and not using the Principal’s personal information in a way that could prejudice the Principal’s interests.