Validity of a Power of Attorney Made Outside the Province

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

Conditions for Validity of a Power of Attorney Made Outside the Province:

A power of attorney created outside Nova Scotia is deemed valid under the Powers of Attorney Act if the following two conditions are met:

1. Authority Granted to Act on Behalf of the Person:

   • The document must grant a person authority to act on behalf of another individual in matters related to property and finances. This means the power of attorney document should clearly give the person (the attorney) the right to make decisions or take actions concerning the donor's financial or property matters.

     
     

2. Compliance with the Law of the Place Where It Was Made:

   • The document must be valid according to the law of the jurisdiction (location) where it was created. This ensures that the power of attorney meets the legal requirements of the place where it was executed, whether it be another province or country.

In other words, if a person has created a power of attorney in another jurisdiction, as long as it grants the necessary authority and is valid according to the law of that place, it will be treated as a valid power of attorney in Nova Scotia.

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.