Can I Still Make A Valid Nova Scotia Power of Attorney if I Physically Can’t Sign it Myself?

/ Highlander Law Group/

In Nova Scotia, all things ‘Power of Attorney’ are governed by the recently updated (July 2022) Powers of Attorney Act.

A Nova Scotia Power of Attorney Can be Valid, Even if the Donor Can’t Physically Sign it.

The Act tells us that as long as the donor is over the age of majority (19+ in Nova Scotia) and still competent (See our blog on the level of competence required if you aren’t sure) a person can still grant their Power of Attorney even if they can’t physically sign it themselves.

Criteria for a Stand In to Sign Your Power of Attorney for You

If you are competent, but just not physically able to sign the Power of Attorney document yourself, Section 3(2) of the Powers of Attorney Act tells us your Power of Attorney may be signed by another person on your behalf if the following are true:

  1. They must be acting at your direction;

  2. You must be present when they sign the document itself;

  3. The person signing on your behalf must be a competent adult (having reached the age of majority in Nova Scotia, which is 19);

  4. The person signing may not be the spouse, registered domestic partner or common-law partner of the person who is being appointed as Attorney;

  5. The person signing may not be the child of the person who is being appointed as Attorney; and

  6. The person signing may not be the person being appointed as Attorney may not be a witness.

Criteria for Power of Attorney to be Valid in Nova Scotia

In addition to the Power of Attorney being in writing, dated and signed, for a Nova Scotia Power of Attorney executed after July 2022 to be valid, it must also be witnessed by TWO competent adults (See our blog on who is Qualified to be a witness to the Power of Attorney).

Criteria for Power of Attorney Documents before July 2022 are Different

Keep in mind, these are the criteria based on the July 2022 revisions to the Power of Attorney Act. If the Power of Attorney you are referencing was executed prior to July 2022, the criteria will be slightly different.

  1. HOW DO I KNOW IF MY PARENT OR SPOUSE HAS THE NECESSARY COMPETENCY TO MAKE A POWER OF ATTORNEY IN NOVA SCOTIA?

  2. CAN I USE A POWER OF ATTORNEY TO SELL MY JOINTLY OWNED PROPERTY IN NOVA SCOTIA IF MY PARTNER HAS DEMENTIA?

  3. WHAT IS A NOVA SCOTIA POWER OF ATTORNEY?

  4. WHO IS QUALIFIED TO BE MY NOVA SCOTIA POWER OF ATTORNEY?

  5. IS A POWER OF ATTORNEY EXECUTED OUT OF PROVINCE VALID IN NOVA SCOTIA?

  6. DOES MY NOVA SCOTIA POWER OF ATTORNEY NEED A WITNESS TO BE VALID?

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