Wondering whether you need a general or a specific Power of Attorney in BC? Let’s talk about it.
- General POA → Broad authority over most legal/financial matters.
- Specific/Limited POA → Authority restricted to certain tasks or time periods.
- Choose based on scope → General for ongoing, wide control; specific for one-time or short-term needs.
- Risks → Broad POAs require high trust; limited POAs must be carefully drafted to cover intended tasks.
What is a General Power of Attorney?
A General Power of Attorney gives your attorney (the person you appoint) authority to act for you in almost all financial and legal matters you could do yourself, except those personal actions you legally cannot delegate (e.g., making a Will, voting, getting married).
An Example: You appoint your daughter as your attorney so she can manage your bank accounts, pay bills, sign legal documents, and handle investments when you can’t do it yourself.
What is a Specific (Limited) Power of Attorney?
A Specific Power of Attorney, sometimes called a Limited Power of Attorney, only allows your attorney to act in certain matters, for certain assets, or during a specific time.
An Example: You give your brother authority only to sign closing documents for the sale of your condo while you’re out of town. He can’t sell your car, deal with your investments or handle other transactions.
Key Differences at a Glance
| Feature | General POA | Specific (Limited) POA |
|---|---|---|
| Scope of authority | Broad – deals with most legal/financial matters | Narrow – only what is listed |
| Ends when: | If Enduring: – Adult dies or revokes the POA – POA has termination terms set in it – Attorney resigns – Attorney is spouse and your marriage ends (unless you say they can continue) – Attorney goes bankrupt – Attorney is a corporation that ends – Attorney is convicted of an offence that harms the adult – the adult is legally declared incapable under the Patients Property Act If Non-Enduring: – Adult dies or revokes – Adult loses capacity – Attorney resigns | Until task/time frame is complete |
| Risk level | Risk can be high, depending on who you appoint and the complexity of your life | Risk can be lower, but could be too narrow for needs |
| Common uses | Extended travel, illness, aging | One-off transactions, temporary absence |
When to Use Each Type
Choose a General POA if:
- You need wide-ranging help with finances and property.
- You expect ongoing needs over time.
- You trust your attorney completely.
Choose a Specific POA if:
- You only need help for a single deal or specific purpose.
- You want to limit access to certain matters.
- You want authority to end automatically when the task is done.
Legal Considerations in BC
- Both types must meet the requirements of BC’s Power of Attorney Act
- For real estate transactions, the POA must be signed before a lawyer or notary and will need to be registered at the Land Title Office
- Banks and other institutions may have their own rules about how they use POAs
- A General POA automatically ends if you become mentally incapable — unless it’s an Enduring Power of Attorney.
Common Mistakes
- Using a general POA when a limited one would reduce risk.
- Making the terms of a limited POA too narrow, causing delays or requiring new documents.
- Not clearly stating an expiry date or termination event for a specific POA.
Case Study – Why the Right Type Matters
Scenario: #1
Maggie owns two rental condos in Kelowna. She’s going overseas for a year.
She gives her son Brad a limited POA to handle the sale of her rental property, but forgot to include authority to manage the rental tenants. When a tenant in the second property stops paying rent, her son can’t act without a new POA, causing delays and extra costs.
Scenario #2
George gave his daughter Lolli a general Power of Attorney. He didn’t understand that this would give Lotti general powers over all of his legal and financial affairs. He only wanted her to help him sell his car.
Lotti started dipping into George’s investments to pay off her own loans, and give gifts to her kids. Her rationale was that George “didn’t need” all of his money. This was a big no-no, and meant that George ended up with far less money than he had planned on retiring with.
In Closing
Wondering about whether a general or a specific power of attorney is right for you? Call us and we’ll help you figure it out.