By Janine Thomson, REALTOR® | Pemberton Holmes
Greater Victoria and Vancouver Island Real Estate
Updated July 2026
Updated July 2026
A Power of Attorney can be an extremely useful planning tool when someone needs assistance buying, selling or managing real estate in British Columbia. It may be used when an owner is travelling, living outside Canada, dealing with illness, experiencing reduced mobility or preparing for the possibility of future incapacity.
However, using a Power of Attorney in a real estate transaction is not as simple as having a family member sign someone else’s name.
The document must be valid, currently effective and broad enough to authorize the proposed transaction. It may also need to satisfy the separate requirements of the brokerage, lawyer or notary, mortgage lender and Land Title and Survey Authority of British Columbia.I
f any of these requirements are overlooked, the result can be a delayed listing, rejected mortgage documents, a Land Title defect or, in the worst circumstances, a sale that cannot complete.
This guide explains how a Power of Attorney may be used in a B.C. real estate transaction, what buyers and sellers should confirm and why legal review should happen before an offer or listing agreement is signed.
What Is a Power of Attorney in British Columbia?
A Power of Attorney, commonly called a POA, is a legal document in which one person gives another person authority to act on their behalf in financial and legal matters.In an enduring Power of Attorney, the person granting the authority is generally referred to as the “adult.” In other documents, they may also be called the “principal” or “donor.” The person appointed to act is called the “attorney.”In this context, the word “attorney” does not necessarily mean lawyer. It means the person who has been legally appointed to act for the adult.Depending on how the document is written, an attorney may be authorized to:
- Manage bank accounts and financial obligations
- Sign contracts and other legal documents
- Buy, sell or mortgage real estate
- Communicate with a Realtor, lender, lawyer or notary
- Sign conveyancing documents
- Manage other property and financial affairs
Is a Power of Attorney Always Necessary When Someone Is Away?
No. Being out of town, in another province or outside Canada does not automatically mean that a Power of Attorney is required.Many listing agreements, Contracts of Purchase and Sale and other real estate documents can now be reviewed and signed electronically. Lawyers may also have approved procedures for remote meetings and identity verification.If distance is the only concern, electronic signing may be simpler than appointing another person to make decisions. Buyers moving from another city can learn more about remote purchasing in my Relocating to Victoria, B.C. Guide.
A Power of Attorney becomes more relevant when the person cannot manage the transaction themselves or wants another trusted person to have meaningful decision-making authority.
Before creating or relying on one for convenience, ask a B.C. lawyer or notary whether a POA is necessary and whether there is a simpler alternative.
General and Enduring Powers of Attorney
Two types of Powers of Attorney commonly arise in B.C. property matters.General Power of Attorney
A general Power of Attorney can provide broad authority or be limited to a particular purpose, property or period.A non-enduring Power of Attorney will generally not continue if the person who granted it becomes incapable. There are also specific Land Title time restrictions that may apply to older general Powers of Attorney.Under the Land Title Act, a general Power of Attorney may cease to be valid for Land Title purposes three years after its execution unless the document or legislation provides otherwise. This does not apply in the same way to a properly prepared enduring Power of Attorney.
A lawyer or notary should determine whether an older general POA can still be used.
Enduring Power of Attorney
An enduring Power of Attorney is designed to continue if the adult later becomes incapable of managing their financial affairs. It may be effective immediately or only after an event described in the document has occurred.The document must specifically state that the attorney’s authority continues despite the adult’s incapability.
An enduring Power of Attorney also has formal signing and witnessing requirements. Generally, the adult and attorney must sign, and the required signatures must be properly witnessed. If it will be used for Land Title purposes, it must also satisfy the Land Title Act’s execution requirements.
Because a real estate transaction involves the transfer of a significant asset, relying on a generic form or incomplete document can create considerable risk.
Can an Attorney Buy or Sell Real Estate in B.C.?
An attorney may be able to buy or sell property on someone’s behalf if:- The Power of Attorney is legally valid
- The document is currently in effect
- The attorney has accepted the appointment as required
- The authority has not been revoked, suspended or terminated
- The wording authorizes the proposed real estate transaction
- Any limitations or conditions in the document have been satisfied
- The document meets applicable Land Title requirements
- The lender accepts its use if financing is involved
- A Multiple Listing Contract
- A Contract of Purchase and Sale
- Counteroffers and amendments
- Subject-removal documents
- Conveyancing and transfer documents
- Mortgage documents, if accepted by the lender
- Other transaction-related authorizations
For more information about the terms and dates found in a B.C. real estate contract, review my guide to Making an Offer on a Home in Victoria.
Does a Power of Attorney Have to Be Registered With the Land Title Office?
A Power of Attorney does not necessarily have to be filed with the Land Title Office when it is first created.However, when an attorney executes a document that will be submitted for Land Title registration, the Land Title Act generally requires the original Power of Attorney or an acceptable certified copy to be filed with the registrar.The POA is filed in the Land Title Office’s Power of Attorney index. It is not simply attached to the individual property title.Depending on the document and circumstances, additional evidence may be required, such as proof that the attorney was at least 19 when appointed, evidence that a triggering event occurred or documentation concerning an alternate attorney.
The LTSA Land Title Practice Manual sets out detailed filing and execution requirements. These filings are normally handled by the lawyer or notary completing the conveyance.Common problems that can cause a Land Title defect include:
- The attorney has not properly accepted or signed the appointment
- The adult’s name does not match the registered owner’s name
- The attorney’s name is inconsistent across documents
- Required witnessing standards were not followed
- An out-of-province POA is missing supporting certification
- The attorney attempts to transfer property to themselves without express authority
- The POA is no longer valid or effective
- Required Power of Attorney information is missing from the transfer documents
What Should Be Confirmed Before Listing or Writing an Offer?
The Power of Attorney should be reviewed before the property is listed or an offer is written, not a few days before completion.The following should be confirmed as early as possible:1. Who Is Registered on Title?
A current title search should confirm the legal owner or owners of the property.If two people are registered owners but the POA only applies to one, the other owner will generally still need to sign personally or through their own valid legal representative.
Read more about mortgages, easements, covenants and other registrations in my guide to B.C. Land Title Charges.
2. Is the Power of Attorney Valid and Effective?
A lawyer or notary should examine:- How and when the document was signed
- Whether the attorney accepted the appointment
- Whether the POA is currently effective
- Whether a triggering event must be proven
- Whether it has been changed or revoked
- Whether the appointment ended because of separation, resignation, death or another event
- Whether multiple attorneys must act together
- Whether an alternate attorney is permitted to act
3. Does It Authorize This Particular Transaction?
A POA may be broad, limited or subject to specific restrictions. The document must provide enough authority for the attorney to complete the proposed purchase, sale, transfer or mortgage.A Realtor can identify that the document is being used, but should not provide a legal opinion about its scope or validity.
4. Will the Lender Accept It?
This is particularly important for buyers.A lender may refuse to allow mortgage documents to be signed under a Power of Attorney or may impose additional conditions. The lender may require its own legal review, identification procedures, original documents or specific wording.A buyer should confirm the lender’s requirements before making the offer firm. Waiting until completion week can put the deposit and transaction at risk.
5. Are the Identification Requirements Satisfied?
The brokerage, lawyer or notary and lender may each have separate identity-verification and record-keeping requirements.The attorney should be prepared to provide government-issued identification and the original or certified POA documentation. Information may also be required about the adult, the transaction, the source of funds and the attorney’s authority to provide instructions.Documentation supplied to one professional may not automatically satisfy the requirements of another.
6. Is There Enough Time?
A transaction involving a POA may require additional time for:- Legal review
- Lender approval
- Identity verification
- Obtaining original or certified documents
- Correcting name discrepancies
- Confirming a triggering event
- Preparing statutory declarations
- Filing the POA with the Land Title Office
Special Considerations for Buyers
A buyer relying on an attorney should take several precautions before submitting an offer.The buyer’s lawyer or notary should review the POA, and the mortgage professional should confirm lender acceptance. If those reviews cannot be completed before the offer is submitted, the buyer may need an appropriately drafted condition protecting them while the legal and financing requirements are confirmed.
The buyer should also decide how much decision-making authority the attorney will have. Negotiating price, changing dates, waiving conditions and removing subjects can have major legal and financial consequences.
Subject removal is particularly important. Once subjects are removed, the buyer may be contractually obligated to complete the purchase even if a later problem arises with the Power of Attorney or mortgage.
Buyers can find additional planning, financing and due-diligence information in my Victoria B.C. Buyer Resources.
Special Considerations for Sellers
For a seller, the first step is confirming who owns the property and who has legal authority to list and sell it.The brokerage will require enough documentation to establish that it is receiving instructions from the registered owner or a properly authorized attorney. The seller’s lawyer or notary should review the POA before the listing agreement is signed.The attorney may also need to help gather:- A current title search
- Property tax information
- Mortgage details
- Strata documents, if applicable
- Tenancy information
- Property disclosure information
- Insurance and utility records
- Documents explaining the owner’s authority and instructions
Sellers can review the full selling process through my Everything B.C. Sellers Need to Know resource hub.
The Attorney’s Legal Responsibilities
Being appointed under a Power of Attorney is not the same as becoming the owner of the adult’s money or property.Under the B.C. Power of Attorney Act, an attorney acting under an enduring POA must:- Act honestly and in good faith
- Exercise the care, diligence and skill of a reasonably prudent person
- Remain within the authority provided by the POA and the law
- Act in the adult’s best interests
- Consider the adult’s known wishes, beliefs, values and directions
- Keep required financial records
- Keep the adult’s property separate from their own, subject to limited exceptions
- Avoid improper personal benefit and conflicts of interest
What an Attorney Cannot Do
Even a broadly written Power of Attorney has limits. An attorney cannot:- Act outside the authority granted by the document
- Continue acting after the authority has ended
- Use the adult’s property for unauthorized personal benefit
- Make or change the adult’s will
- Ignore conditions or limitations contained in the POA
- Delegate decision-making authority unless permitted
- Make personal-care or healthcare decisions solely under a financial POA
- Transfer the adult’s property to themselves unless expressly authorized or otherwise legally validated
- Act after the adult has died
What Happens to a Power of Attorney When the Adult Dies?
A Power of Attorney ends when the adult dies. It does not allow the attorney to continue managing or selling property for the estate.After death, authority generally passes to the executor named in the will or to an administrator appointed by the court. Probate and estate rules then apply.
This distinction is extremely important. Someone may have managed an owner’s property for years under an enduring POA but lose that authority immediately upon the owner’s death.
Families dealing with an inherited property can review my comprehensive guide to Selling an Estate or Family Home in B.C..
Can an Out-of-Province Power of Attorney Be Used in B.C.?
Possibly, but it should never be assumed.British Columbia has rules that may recognize certain enduring Powers of Attorney created in other Canadian provinces and designated countries. Supporting certification from a lawyer in the jurisdiction where the document was prepared may be required.The document must still comply with B.C. law regarding what the attorney is permitted to do. It may also need to satisfy Land Title, lender and conveyancing requirements.
If the POA was prepared outside British Columbia, arrange legal review before listing a property or submitting an offer.
The Realtor’s Role in a Power of Attorney Transaction
A Realtor plays an important coordinating and risk-management role, but does not replace the lawyer or notary.A Realtor can:- Obtain a current title search
- Identify that someone proposes to act under a POA
- Obtain a copy for the brokerage file
- Confirm the identities of the parties as required
- Recommend early legal review
- Coordinate with the client’s lawyer, notary, lender and mortgage professional
- Prepare and negotiate real estate documents within the Realtor’s licensed scope
- Make sure additional time and documentation are considered
- Keep the transaction organized through completion
- Declare that a Power of Attorney is legally valid
- Interpret disputed or ambiguous authority
- Advise whether the adult had legal capacity when it was signed
- Resolve conflicts between attorneys or family members
- Determine whether the attorney may personally benefit
- Guarantee that a lender or the Land Title Office will accept the document
- Provide legal advice
A Practical Power of Attorney Real Estate Checklist
Before a property is listed or an offer is made:- Obtain the complete Power of Attorney
- Order a current title search
- Confirm the names on title
- Have a B.C. lawyer or notary review the document
- Confirm that the POA is currently effective
- Confirm whether multiple attorneys must act together
- Check for restrictions, conditions or triggering events
- Confirm lender acceptance if financing is involved
- Complete brokerage and legal identity verification
- Allow additional time for Land Title filings
- Obtain clear instructions about negotiation limits
- Confirm the required signing format
- Keep detailed records of all decisions and funds
- Reconfirm that the authority has not been revoked or terminated before completion
Final Thoughts
A Power of Attorney can provide flexibility, continuity and valuable protection in a British Columbia real estate transaction. It can allow a trusted person to manage a purchase or sale when the owner cannot act personally.But it is not a shortcut around legal due diligence.The safest approach is to involve the Realtor, lawyer or notary, mortgage professional and lender at the beginning of the transaction. Early coordination allows authority, title, identification, financing and Land Title requirements to be addressed before deadlines become urgent.If you are planning to buy or sell a property in Greater Victoria using a Power of Attorney, I can help organize the real estate side of the transaction and work alongside your chosen legal and financial professionals.
Serving buyers, sellers and families throughout Victoria, Saanich, Oak Bay, Langford, Colwood, Esquimalt, View Royal, Sidney, Sooke, the Saanich Peninsula and surrounding Vancouver Island communities.
