Witnessing an Enduring Power of Attorney or Representation Agreement in BC, Including by Video

In BC, an enduring power of attorney or a representation agreement only works if it is signed and witnessed the way the legislation requires. Since 1 January 2023, those rules include an “alternative process” that lets the signing be witnessed by video, but only by a lawyer or notary.

This guide explains who can witness each document, what the video process requires, the extra steps if the power of attorney will be used for land, and how we can handle the signing when your family lives in different cities.

Who can witness an enduring power of attorney in BC

Under the Power of Attorney Act, the adult making an enduring power of attorney (EPOA) signs and dates it in front of two witnesses, and both witnesses sign it in the adult's presence (s 16(1)). One witness is enough if that witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia (s 16(4)). For an overview of what an EPOA does, see our guide to enduring powers of attorney in BC.

Section 16(6) lists who cannot witness the adult's signature:

• Anyone named as an attorney.
• An attorney's spouse, child or parent.
• The attorney's employees or agents, unless the attorney is a lawyer, a notary, the Public Guardian and Trustee or a trust company.
• Anyone under 19 (the Act defines an adult as 19 or older, s 10).
• Someone who cannot understand how the adult communicates, unless they have interpretive help.

If the adult is physically unable to sign, another person may sign for them, in their presence and at their direction, but not a witness or anyone barred from witnessing (s 16(2)–(3)).

The attorney signs too

An attorney cannot act until they have signed the EPOA in front of two witnesses, or one lawyer or notary, and the same excluded-witness rules apply (s 17(1), (3)). The attorney does not have to sign in the adult's presence or at the same time (s 17(2)), which helps when a parent signs in Vancouver and the adult child named as attorney lives elsewhere. What attorneys may do once they sign is covered in what your attorney can and can't do under a BC enduring power of attorney.

Witnessing a representation agreement

A representation agreement appoints someone to help with or make personal and health care decisions. Under the Representation Agreement Act, the adult signs in front of two witnesses who sign in the presence of the adult and of each other, or in front of one witness who is a lawyer or notary (s 13(3.01)–(3.02)). Similar people are excluded as witnesses, including the representatives and their spouses, children and parents (s 13(5)).

Unlike an EPOA, the representatives' own signatures do not need to be witnessed (s 13(3.03)), and the witnesses to a standard section 7 agreement must complete a certificate (s 13(6)). If you are unsure which document you need, read power of attorney or representation agreement: which one you need in BC.

Can you sign a power of attorney by video in BC?

Yes, for an EPOA or a representation agreement, if the alternative process is followed. Section 17.1 of the Power of Attorney Act and section 2.1 of the Power of Attorney Regulation (BC Reg 278/2022) set it out for EPOAs. Section 13(8) of the Representation Agreement Act and section 3.2 of the Representation Agreement Regulation (BC Reg 279/2022) do the same for representation agreements. Both regulations took effect on 1 January 2023. The main requirements are:

• A lawyer or notary witness. The witness must be a lawyer or a member in good standing of the Society of Notaries Public of British Columbia (POA Regulation s 2.1(5); RA Regulation s 3.2(4)).
• Live video. The adult, the witness and anyone signing for the adult must be able to see and hear each other in real time, which the Regulation calls being in each other's “electronic presence” (s 2.1(1)–(2)).
• Identical copies. Each person may sign their own identical copy, called a counterpart. Copies that differ only in format still count as identical (s 2.1(6)–(7)).
• A statement in the document. An EPOA must state that it was signed and dated under the alternative process (s 2.1(8)). A representation agreement must state that it was signed and witnessed under it (RA Regulation s 3.2(7)).
• A person signing for the adult must be with them in person. If someone signs on the adult's behalf, they must be physically present with the adult, although the witness can attend by video (s 2.1(4)).

The attorney's signature can be witnessed the same way, before the attorney acts (s 2.1(3)). The Province's optional EPOA form, published in 2011, has no wording for the alternative process, so the required statement has to be added.

The alternative process changes how the signing is witnessed, not the nature of the document: the Electronic Transactions Act does not apply to powers of attorney that concern a person's financial affairs or personal care (s 2(4)(c)). Compare electronic signatures on legal documents in BC and the separate rules for electronic wills and remote witnessing.

If the power of attorney will be used for land

An EPOA that is meant to be used for Land Title Act purposes must also be executed and witnessed in accordance with that Act (s 16(5)). The Land Title and Survey Authority (LTSA) sets out its requirements in Practice Bulletin 02-11, updated effective 1 January 2023. It accepts an EPOA witnessed under the alternative process for land title purposes, with conditions:

• the witness must be a BC lawyer or BC notary public;
• the EPOA must include the alternative-process statement;
• where counterparts are used, both the copy bearing the witness's signature and the copy bearing the adult's or attorney's signature must be submitted; and
• if the adult's signature was witnessed remotely, the witnessing lawyer or notary must also provide an affidavit, because remote witnessing does not meet the Land Title Act's physical-presence requirement.

If the adult owns BC real estate, tell us at the start so the signing is set up for the land title office too. LTSA practice can change, so we check the current bulletin first.

Capacity and pressure: what the witness is checking

Adults are presumed capable (s 11), but an adult cannot make an EPOA if they cannot understand its nature and consequences, including what property they have, that the attorney could misuse the authority, and that they can revoke it (s 12). The Province's EPOA form advises witnesses not to witness if there is reason to believe the adult lacks capacity or is under undue pressure, so expect the witness to want some time with the adult alone. If your parent is in hospital or care, see mobile notary visits in BC: hospitals, care homes and capacity.

How a signing by video works with us

• Before the meeting. We review or prepare the documents, confirm who signs and whether land is involved, and verify identity.
• The signing. On a video call, each person signs and dates their own identical copy while the others watch, and the lawyer or notary signs as witness. Attorneys can sign at a separate session.
• Afterwards. We assemble the signed counterparts with the required statement and, if land is involved, what the LTSA asks for.

For our other remote services, see getting documents notarized or commissioned by video in BC and notary services in BC.

Arranging an EPOA for a parent? Book a lawyer witness for the signing

Our notary services include preparing and witnessing enduring powers of attorney and representation agreements, in person or under the alternative process, and setting up the documents for land title use where needed.

Call 604-259-2844 or send us a message to arrange a consultation by video or at our Vancouver office.