Why a Lawyer Is Required for Enduring Power of Attorney for Property in New Brunswick
Power of attorney. It’s a term many encounter for the first time when they begin their estate planning journey, but what does it mean? In New Brunswick, there are two types of enduring power of attorney (POA) documents:
- Enduring Power of Attorney for Property, which covers financial and property-related decisions
- Power of Attorney for Personal Care, which covers decisions about health and personal well-being
And while both documents are important, only the Enduring Power of Attorney for Property requires the involvement of a lawyer to be valid. Below, we’ll take a deeper look at why this requirement exists, what it means for you, and how Willful helps simplify the process.
Why Do Enduring Power of Attorney for Property Documents Require a Lawyer in New Brunswick?
In July 2020, New Brunswick introduced the Enduring Powers of Attorney Act, a law that replaced several previous statutes governing power of attorney decisions. One key change was that a lawyer is now required to create an Enduring Power of Attorney for Property.
This requirement exists for two main reasons:
1. Protection Against Financial Vulnerability and Abuse
Property decisions can have long-term financial impacts. That’s why the government requires a lawyer to help protect you from:
- Pressure or coercion from others
- Undue influence from someone who may benefit
- Not fully understanding the powers you're giving
A lawyer acts as a safeguard, making sure you're not being pressured and that you're capable of making the decision.
2. Ensuring Capacity and Informed Consent
A lawyer must sign a witness statement confirming that:
- They met with you directly
- You appeared to understand the nature and effect of the POA
- You signed the document voluntarily
- You had the mental capacity to grant authority over your finances and property
Because property POAs remain valid even after loss of capacity, the law imposes a higher standard of verification. A lawyer’s signature offers assurance that your wishes were clear and legally sound at the time the document was executed.
What Does a Lawyer Actually Do During the Enduring POA for Property Process in New Brunswick?
While every law office may handle the steps slightly differently, lawyers supporting Willful customers play a critical role in ensuring compliance with the Act. This typically includes:
Conducting a Capacity-Focused Interview
The lawyer will ask straightforward questions designed to confirm that you understand:
- What authority you are giving your attorney (the person you appoint)
- When this authority begins and continues
- What risks and protections are involved
Reviewing the Document for Accuracy
They will ensure that:
- Names, roles, and instructions are clear
- The scope of authority matches your intentions
- The document meets all legal formatting and signature requirements
Witnessing and Signing the Required Lawyer Statement
This is what makes the Enduring POA for property legally valid in New Brunswick. Without this step, the document cannot be used.
Answering Questions You May Have
Lawyers help ensure your decisions are informed and intentional. Many customers find that the short conversation offers significant clarity and reassurance.
How This Requirement Protects You in New Brunswick
While New Brunswick law requires a lawyer for Enduring POAs for Property, this step offers added protection for you and your attorney. It helps:
- Ensure your POA meets New Brunswick’s legal requirements
- Provide added peace of mind if your POA is ever reviewed or challenged
- Help avoid delays when using your POA with financial institutions
The law is designed to ensure that the document giving someone the power to control your property is created with the highest level of care.
Does a Power of Attorney for Personal Care Still Require a Lawyer in New Brunswick?
No. A lawyer is not required to create an Enduring Power of Attorney for Personal Care in New Brunswick.
A personal care EPA may be witnessed by:
- A lawyer
or
- Two qualifying adult witnesses (who cannot be your attorney or related to your attorney)
The government recognizes that decisions around healthcare and lifestyle, while important, do not carry the same risk of irreversible financial consequences.
Willful supports the creation of POAs for personal care, and customers can create legally valid POAs for personal care without a lawyer.
How does Willful work with lawyers to support customers in New Brunswick?
We have a list of New Brunswick-based legal partners who can:
- Review and execute your POA for property
- Provide required witnessing and lawyer statements
- Offer guidance to ensure your document reflects your intentions
Peace of Mind Through Preparedness
Creating an enduring power of attorney for property is one of the most important steps you can take toward protecting your future. Lawyer involvement ensures your intentions are respected, your assets are secure, and your loved ones have the tools they need to support you if life takes an unexpected turn.
When you’re ready, Willful can help you start your documents online and connect you with a lawyer to complete your Enduring POA for property quickly and confidently.
This content has been reviewed by Canadian estate planning experts or legal professionals. Our editorial team is committed to ensuring the accuracy and currency of content.
