Continuing POA a.k.a. Enduring POA

A Power of Attorney (POA) for property is a document that gives legal authority to another person (called the “attorney for property”) to make financial and property decisions.

The person named in the POA document is called the “attorney” for property, even though they don’t have to be, and usually are not, a lawyer. They are usually a friend or family member. In the POA context, attorney simply means the person with legal authority.

The word “enduring” and the word “continuing” generally have the same meaning, but are used in different jurisdictions. The term “continuing” is used in Ontario. The term “enduring” is used in British Columbia and many US states.

Unless the POA document states that it is only to be used if you lose capacity, then your attorney for property can use the POA document to make financial decisions or carry out transactions even while you have the mental capacity to make your own financial decisions. While you have mental capacity to make financial decisions, your attorney for property acts simply as your agent, according to your wishes.

When might this occur? Well, you may want them to handle your financial transactions if you are temporarily out of the country and need them to sign documents on your behalf, or if you may have a physical condition that impairs your ability to go to the bank yourself. While you have capacity, you can instruct your attorney for property to act as your agent. In that case, the scope of your attorney’s authority is limited to only those transactions and only the terms which you have instructed.

The POA for property can also be used after you’ve lost capacity, provided it is drafted as a “continuing power of attorney” or “enduring power of attorney.” It continues or endures after you lose capacity to make your own financial decisions. If you lose capacity to make your own financial decisions, the attorney for property becomes more than just your agent; they become your substitute decision-maker. They step into your shoes and make all decisions about your property and finances that you can no longer make yourself.