Remote Execution of POAs & HCRAs

Grace Cleveland
Wills & Estates

During the COVID-19 pandemic, the provincial government enacted temporary measures to allow for the remote execution of Powers of Attorney (POAs) and Representation Agreements (HCRAs). As of January 1, 2023, these measures have been made permanent with amendments to the Power of Attorney Act and the Representation Agreement Act.

Importantly, remote execution is only allowed where the witness who is in the electronic presence of the person signing the document is a lawyer or notary.

In addition, the standard documents must include additional information to confirm that the document was remotely executed in accordance with the legislative amendments, and a supplementary affidavit will need to accompany the document explaining why the document wasn’t witnessed in the ordinary manner (ie. in person).

If you are immuno-compromised, have physical limitations, or simply can’t make it to your lawyer’s office, remote execution provides a welcome alternative to ensure your affairs are in order. Call or email us today to find out more!

This article is intended for information purposes only and should not be taken as the provision of legal advice. Grace C. Cleveland is a lawyer with the law firm of Cleveland Doan LLP and can be reached at (604)536-5002 or grace@clevelanddoan.com.