Does My Nova Scotia Power of Attorney Need a Witness to be Valid?

/ 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 Needs Two Witnesses to be Valid

The Act tells us that in order for a Power of Attorney executed after July 2022 to be valid, the donor’s signature must be witnessed by not just one, but TWO witnesses. 

Power of Attorney Witness Criteria in Nova Scotia

The following criteria must be met for the witnesses to be eligible:

  1. Both witnesses must be competent adults (having reached the age of majority in Nova Scotia, which is 19);

  2. Both witnesses must be present and actually see the donor sign the Power of Attorney;

  3. Neither witness may be the spouse, registered domestic partner or common-law partner of the person who is being appointed as Attorney; and

  4. Neither witness may be the child of the person who is being appointed as Attorney.

Criteria to Grant Power of Attorney in Nova Scotia

A person can only grant Power of Attorney if they are a competent adult. The Power of Attorney must be in writing, dated and the donor must sign the document themselves, unless they are physically unable to, in which case someone else can sign on their behalf. (See our blog on the criteria to have someone else sign your 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.

If you’d like more information on Nova Scotia Power of Attorney, read more of our blogs on the topic:

  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. CAN I MAKE A VALID NOVA SCOTIA POWER OF ATTORNEY IF I PHYSICALLY CAN’T SIGN IT MYSELF?

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