Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?
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All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act.
Criteria for an Out of Province Power of Attorney to be Valid in Nova Scotia
The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:
(a) the person gives another person authority under the document to act on the person’s behalf in relation to matters of property and finances; and
(b) the document is valid according to the law of the place where it was made.
So in general, if the document purports to be a Power of Attorney, which gives authority to a person appointed to act on behalf of the donor, and the document meets the criteria that were in place in that judication at the time the document was executed, then it should be valid and binding in Nova Scotia.
A Nova Scotia Power of Attorney is Likely Valid in Other Provinces
In reverse, if you have a Power of Attorney that was executed in Nova Scotia and you plan to visit or move to another province, at the time of writing this blog, it is the author’s understanding that the criteria for validity in other provinces is the same (1) a document intending to give authority to act on behalf of the donor for property & finances, 2) which meets the criteria of Nova Scotia’s Power of Attorney requirements at the time it was drafted). However, if you know you are going to be in another jurisdiction for any length of time and intend to rely on a Nova Scotia Power of Attorney, best practice would be to consult with a local lawyer to ensure your document is in compliance with their local laws.
If you have more questions, check out some of our other blogs on Nova Scotia Power of Attorneys:
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
