Who is Qualified to be my Nova Scotia Power of Attorney?
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In Nova Scotia, all things ‘Power of Attorney’ are governed by the Powers of Attorney Act.
Criteria to be an Attorney in Nova Scotia
The Act tells us that in order have the ability to act as your Attorney under a Power of Attorney the person you wish to appoint must:
Have reached the age of majority (which is 19 in Nova Scotia);
Be Competent (note - a person is competent by default, unless deemed otherwise);
Not have been convicted of an unpardoned offense involving dishonesty (eg. Fraud, theft);
Not be an undischarged bankrupt;
Not be a paid provider of support services to the donor (eg. Personal care nurse), unless the person is an immediate family member of the donor;
If the person you have already appointed does not meet these criteria, they are disqualified to act as your Attorney. In that case, the alternate Attorney can act. If you do not appoint an alternate, your Power of Attorney will not be able to used.
Exceptions to the Limiting Criteria
If the person you wish to appoint as your Attorney is an undischarged bankrupt or has been convicted (and not pardoned) of a crime of dishonesty, you may still appoint them to act on your behalf if:
a. They disclose the bankruptcy or conviction to you, while you are competent;
b. You acknowledge your knowledge of the bankruptcy or conviction, in writing; and
c. In spite of this knowledge, you specifically consent to appointing that person to act as your Attorney. This consent must also in writing.
You should be aware, if the person you have appointed is convicted of a crime of dishonesty or enters bankruptcy after you have appointed them, their authority is suspended unless you acknowledge and consent to their continued authority to act in writing.
Appoint an Attorney with Skills and Desire to Act in Your Best Interest
Keep in mind, in most cases, the person you are appointing can do almost anything you could do with your property and finances. For this reason, it is critical that you appoint someone who you believe has the necessary skill set (and time), to appropriately mange your affairs. Generally, you should also look for someone who you have a trusted relationship with, who you have confidence will go out of their way to do everything they can to act in your best interest.
If you have more questions, check out some of our other blogs on Nova Scotia Power of Attorneys:
If you have any questions about power of attorney’s you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.
By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers
