Attorney Resignation Process in Nova Scotia for Powers of Attorney

Note this article provides legal information, not legal advice. Reading this article should not be construed as obtaining legal advice from Ross Estate Law.

In Nova Scotia the Power of Attorney Act, section 10 outlines the process for an attorney to resign from their duties under a power of attorney. The procedure varies depending on whether the donor (the person who granted the power of attorney) is capable of understanding the resignation notice and its consequences. The section ensures that the resignation process is done in a way that maintains clarity and accountability, especially when the donor lacks capacity.

1. Resignation When Donor Is Capable (Section 10(a))

If the donor is capable of understanding the nature of the notice and appreciating the consequences of the resignation, the attorney must provide written notice of resignation to:

• The Donor (Section 10(a)(i)): The attorney must notify the donor directly.

• The Monitor (if any) (Section 10(a)(ii)): If a monitor was appointed in the power of attorney, the attorney must inform them as well.

• Other Attorneys (if any) (Section 10(a)(iii)): If other attorneys were appointed under the same power of attorney, they must also be notified.

This ensures that all parties involved in the management of the donor's affairs are informed of the attorney's resignation.

2. Resignation When Donor Is Incapable (Section 10(b))

If the donor is incapable of understanding the notice and its consequences, the attorney must still provide written notice, but the recipients change:

• The Monitor (if any) (Section 10(b)(i)): The attorney must notify the monitor appointed in the power of attorney, if applicable.

• Other Attorneys (if any) (Section 10(b)(ii)): If there are other attorneys, they must be informed as well.

This ensures that at least those responsible for overseeing the donor's affairs are made aware of the attorney's resignation.

3. Resignation When Donor is Incapable and No Monitor or Attorney is Available (Section 10(c))

If the donor is incapable of understanding the notice and no monitor or other attorney has been appointed or is available to receive the notice, the attorney must notify:

• Immediate Family Members (Section 10(c)(i)) 

• Public Trustee- if there are no immediate family members then the Public Trustee must be notified (section 10(d)).

Please note that the information provided in this blog post is for general informational purposes only and is not intended as legal advice. Reading this post does not create an attorney-client relationship, and the information shared here should not be relied upon as a substitute for professional legal counsel. If you require personalized legal advice regarding estate planning or any related matters, we encourage you to schedule a consultation with Ross Estate Law to discuss your unique circumstances.