• This POA-E App helps you make an enduring power of attorney.

    A power of attorney (POA) is a legal document that lets you give someone you trust power to look after your finances and property for you. This could include the power to manage your land, house, bank accounts, investments, vehicles and anything else you own, paying your bills, filing your tax returns, cashing your cheques, and making other legal or financial decisions.

    An enduring power of attorney is a type of power of attorney.  With an enduring power of attorney your attorney’s power continues, or endures after you can no longer make your own property and financial decisions.

    This POA-E App lets you make a power of attorney if:

    • you live in Nova Scotia
    • you can make your own decisions about your money and property
    • you are making a power of attorney because you want to
    • your financial situation is fairly straightforward

    You should not use the POA-E App if:

    • you live outside Nova Scotia. Laws about powers of attorney are different in other parts of Canada. Talk to a lawyer if you live outside the province and think you need a power of attorney for Nova Scotia, such as if you own land in Nova Scotia that you plan to sell. 
    • there are concerns about your ability to understand and appreciate the consequences of your decisions. For example, you have a health problem that seriously affects your thinking, reasoning, decision-making or memory. You may still be able to make a power of attorney but should seek the help of a lawyer.
    • you feel pressured to write a power of attorney because someone is insisting that you do one.
    • you are registered under the Indian Act, you live on reserve, and are a dependent adult. You can get information about power of attorney from Indigenous Services Canada. 
    • you have complicated financial arrangements or have joint accounts with someone else that is not your named attorney.
    • you want to do something the POA-E App does not let you do. Talk with a lawyer instead.

    At the end of the app, you will have created an enduring power of attorney document which you can then print and sign in front of others, and give to the people who need to have a copy.

    Use this app together with the Guide to making an Enduring Power of Attorney using the LISNS POA-E App.  The guide answers questions and it will help you understand the decisions you need to make to do an enduring power of attorney.

    You will have to answer some questions in the POA-E App. If you try to go ahead without answering those questions, you will see the warning below.

    This field is required.

  • An important note on Privacy.

    We do not keep your personal information. While you are using this POA-E App we won’t share your personal information or look at it; we will do our best to keep it secure—there are always risks. In order to use this POA-E App you will have to agree to accept these risks. If you don’t, that’s okay.

  • Before you make your enduring power of attorney, confirm that you understand each of the following statements:

    • Unless I say differently in my power of attorney, my attorney will be able to do almost everything on my behalf that I can do with my property and money.
    • The value of my money and property may go down if my attorney does not manage them carefully.
    • Giving power of attorney is serious and can be risky. My attorney may misuse or abuse the authority I give them. I could lose my money and property.
    • I can cancel my enduring power of attorney at any time as long as I  understand what it means to do that.

  • Before you make your enduring power of attorney, confirm that all of the following statements are true:

    • I am at least 19 years of age.
    • I am managing my own money and property.
    • I know the type of property I have and a basic idea of the value of what I own.
    • I know I must legally support my dependents, including my spouse (married, common law or registered domestic partner) and children who are younger than 19.
    • I am making my enduring power of attorney freely without pressure from someone else.
    • I will decide who to name as attorney.
    • I understand what it means to give an enduring power of attorney.
    • If someone is helping me use this website, they are not telling me I must do a power of attorney, or who I should choose as my attorney. I am making every decision myself.

  • If you have any questions about what it means to answer YES to any of the statements above, you can call our Legal Information Line to speak to a Legal Information Counsellor at 1-800-665-9779, send a question by Live Chat or, email a question to questions@legalinfo.org

    If you have trouble understanding the above information or want an opinion on your situation you should hire a lawyer.

    Otherwise, please click Next to begin filling out this app.

  • PERSONAL INFORMATION

  • Pick one of the following:*

  • More information

    • Common law partner means a person you have lived with in an intimate relationship for at least one year
    • Registered domestic partner means a person you have an intimate relationship with, where you have filed paperwork with Nova Scotia Vital Statistics that formalizes your partnership

  • CHOOSE YOUR ATTORNEY

    The person you name to act for you in financial and property matters is called your attorney, even if they are not a lawyer.

    Choose someone you trust completely and who is good with managing money and dealing with paperwork. Talk with anyone who gives you financial advice or legal advice about who to pick as your attorney. You may wish to speak with family and friends about who to choose. Talk to the person before you name them as your attorney. You want to be sure they are willing and able to take on the job.

    This POA-E App only allows you to choose an attorney who lives in Canada.

    Do not name the following as your attorney(s):

    • someone who is under 19
    • someone who is pressuring you in any way to pick them as your attorney
    • someone you do not trust, or whose reasons for wanting to be your attorney are questionable
    • anyone who is paid to provide personal care or health care services to you unless that person is your spouse, common-law partner, registered domestic partner, adult child, a brother, sister or parent.  If you have thought about choosing someone who provides paid care services to you, or works in the care facility where you live, and think that your situation is unique, you must speak with a lawyer first to get help.
  • What is your relationship to your attorney?*

  • NAME A BACK-UP ATTORNEY

    Optional

    You may also name an alternate (back-up) attorney in case the first person you choose will not or cannot act as your attorney. The alternate attorney will step in only if the first person you name:

    • dies
    • resigns in writing
    • is removed by court order
    • becomes bankrupt while acting for you
    • has a medical condition that means they cannot do the job.
  • Do you want to name a back-up attorney?*
  • What is your relationship to your back-up attorney?*

  • NAME A MONITOR

    Optional

    You may also name a monitor who is your supporter and is not an attorney. You can choose any adult you trust for this role. Naming a monitor is one way to help prevent your attorney from misusing your power of attorney.

    A monitor can help support you by checking that your attorney is taking good care of your money and property. A monitor can ask your attorney for records of their activities and for an accounting. A monitor can apply for a court order if there are problems. A monitor can also visit and talk with you. Talk to the person before you name them as your monitor. You want to be sure they are willing and able to take on the role.

  • Do you want to name a monitor?*
  • What is your relationship to your monitor?*

  • NAME A SUPPORT PERSON

    Optional

    You may also name a support person who is your supporter and is not an attorney or a monitor. You can choose any adult you trust for this role. Naming a support person to receive notice is one way to help prevent your attorney from misusing your power of attorney.

  • Do you want to name a support person your attorney must tell when they start using your POA?*
  • What is your relationship to your supporter?*

  • YOUR ATTORNEY’S POWERS

    You do not need to add any information here, but you must read and understand the legal information.

    By making your power of attorney using the POA-E App, you are giving your attorney many powers. Your attorney will be able to do the following things for you:

    • deal with all your money and finances at all banks, credit unions, investment companies, trust services.
    • deal with all money that is owed to you including rents, salaries, pensions, disability benefits, insurance benefits.
    • release debts that others would otherwise owe you.
    • deal with all real and personal property including:
      • property related to financial obligations
      • any property you own with others, including your spouse
      • selling your land or interest you have in land
      • your family heirlooms and personal items.
    • deal with legal claims for you or defend you against any legal claims.
    • prepare and file tax returns and deal with the Canada Revenue Agency. Your attorney may hire professionals to help with this responsibility at your cost.
    • access any safety deposit box you have with any bank or institution.
    • access, use and control your cell phone or other digital devices to change, delete, control or transfer your digital assets.
    • see, change, delete, control your passwords and other ways you use your digital devices and digital assets.

    Your attorney may also hire professionals and advisors to assist them with certain tasks. The costs of these professionals and advisors will be paid from your money.

  • PROVIDE AN ACCOUNTING

    Your attorney has a duty to take good care as they do the work you need them to do. This duty means your attorney must:

    • act according to your directions
    • stay within the power you have given
    • use reasonable care and skill
    • act in your best interests
    • not profit personally from what is done for you.
    • More information about record keeping 

    • Your attorney must keep accurate records of their work as your attorney. This is part of taking good care of your money and property. They have to keep these records:

      • all bank records, including monthly statements and withdrawals and deposit slips for all transactions.
      • income tax information (Notices of Assessment, T4 and T5 slips, all supporting documents needed for doing yearly income tax returns).
      • all correspondence (such as leases and notices from landlords and employers, information from insurance companies).

      They also have to make records of:

      • your assets and liabilities the attorney manages
      • transactions they do for you
      • all receipts such as parking, taxis, as well as invoices that you received, and paid invoices.
    •  

    • Your attorney must be able to tell you clearly about what they have done to take care of your money and property. This is called giving an accounting, and they must give you this information when you ask for it.

      This POA-E App creates a power of attorney that says your monitor must receive an accounting every year. The Supreme Court of Nova Scotia can also order your attorney to give an accounting if someone asks the court to do that and the court agrees.

      KEEP YOUR RECORDS PRIVATE

      Nova Scotia law has a list of people who can see your records or accounting if you lost capacity to make decisions for yourself and you did not name a monitor. This list includes your immediate family members: spouse, common-law partner, registered domestic partner, adult child, adult sibling or parent.

      This POA-E App lets you make sure one person from that list cannot see your records or accounting. If you want to stop more than one person from seeing your records, you should speak to a lawyer.

    • Do you want to stop one immediate family member from getting your records and accounting if you lost capacity and have not named a monitor?*
    • What is your relationship to this person?*

  • YOUR WISHES

    You can say how your attorney should talk with you and support you even if you lose the capacity to make decisions on your own. If you want, you can write your wishes below.

    Read the Guide to making an Enduring Power of Attorney using the LISNS POA-E App to see examples of what these wishes may include.

  • Do you want to add specific wishes?*

  • PAYING YOUR ATTORNEY’S COSTS

    An attorney is not normally paid for their work as an attorney unless you say in your power of attorney that you allow it. This is known as compensation. This POA-E App doesn’t allow you to offer this kind of compensation. Talk with a lawyer if you want to pay your attorney other compensation for their work.

    This POA-E App allows your attorney to repay themselves from your money for reasonable expenses that they pay for doing their job as your attorney. Examples are paying for parking, professional and advisor fees, taxis, government fees and court fees.
     

    YOUR SIGNATURE

    Read each page of this form over carefully before you sign it.

    You must sign in front of at least two witnesses. 
     

    YOUR WITNESSES

    Your witnesses must be 19 years old and older. They must not be the attorney or the attorney’s spouse, registered domestic partner, common-law partner or the attorney’s child.

    All three of you must sign the power of attorney document in front of each other. This means you and both witnesses must all sign in the same room at the same time and you must watch each other sign the document.

  • AFTER YOU SIGN YOUR ENDURING POWER OF ATTORNEY

    You may wish to have a lawyer read it over. If it is not completed properly, it may not be valid.

    It is wise to tell your family, lawyer, and any financial institutions or planners you deal with the name, address and telephone number of your attorney.

    You may wish to have one of your witnesses complete an affidavit of execution. Your attorney must have an affidavit of execution from one of your witnesses if your attorney will deal with land for you, for example if they might need to sell your house. It is best to have one witness sign the affidavit of execution right after they sign the power of attorney. You can give them the affidavit or go with them where they will sign the document. They can sign the affidavit of execution in front of a Commissioner of Oaths, a lawyer, or a notary.

    The next step is to decide how to keep the signed power of attorney document safe and easy to find when your attorney needs it.

    • You can give the original power of attorney document to your attorney.
    • You can leave it with someone else you trust like your monitor. You should also tell them when to give it to your attorney.
    • You can keep it in a safe place where your attorney can find it quickly if they need it.
    • Keep at least one photocopy of the document and keep the photocopy with you with your attorney’s address and telephone number.
       

    NOTARIZED COPIES

    In most cases a photocopy of your power of attorney is not enough if someone such as your bank needs a copy. You must see a lawyer or a notary who can look at the original document. They will make a photocopy and certify that it is a true copy of the original document.  They will stamp the document to show that it is a certified copy, sign their name, and place their notary seal on the document.
     

    PROBLEMS WITH YOUR ATTORNEY

    If you begin to have trouble working with your attorney, you have some options depending on your situation. You can read more about these options here. It is important to speak with a lawyer if your attorney may be acting in ways that hurt you or cost you money or that are against the law.

  • You are at the end of the POA-E app.

    You now have a chance to review things (see Output Preview below) and go back and make changes now if you want to. If you are happy with the document, click submit to end your work on the POA-E App. After you click submit, we will provide you with a download link.

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