Powers of Attorney

Update on Powers of Attorney

On July 1, 2020 New Brunswick’s Enduring Powers of Attorney Act, SNB 2019, c.30 came into force.  The Act made many fundamental changes that affect the practice of law in relation to powers of attorney.  For example, an enduring power of attorney in which an attorney for property is appointed or an attorney for property and for personal care is appointed, must be signed and dated in the presence of a lawyer.


Following are resources to enhance your understanding of this legislation and how it affects your practice:


1. The Enduring Powers of Attorney Act, SNB 2019, c 30:
https://www.canlii.org/en/nb/laws/stat/snb-2019-c-30/latest/snb-2019-c-30.html

2. General Regulation 2020-43 under the Enduring Powers of Attorney Act:
https://www.canlii.org/en/nb/laws/regu/nb-reg-2020-43/latest/nb-reg-2020-43.html

3. Law Reform Notes from the office of the Attorney General of New Brunswick, Edition #43 dated April 2020, pages 5-7:
https://www2.gnb.ca/content/dam/gnb/Departments/ag-pg/PDF/en/LawReform/Notes43.pdf

4. CBA-NB continuing education video presentation “Are you ready for July 1, 2020? New Brunswick’s Enduring Powers of Attorney Act” available by contacting CBA-NB at admin@cbanb.com (available only in English)

5. Law Reform is working with the Public Legal Education and Information Service of New Brunswick on educational materials, which may include optional standard forms.  Look for updates on the PLEIS-NB website here:
http://www.legal-info-legale.nb.ca/en/index.php?page=whats_new

6. Cox & Palmer article by Adam King: “Enduring Powers of Attorney in New Brunswick: Where We Are and Where We’re Going” – June 9, 2020:
https://coxandpalmerlaw.com/publication/enduring-powers-of-attorney-in-new-brunswick-where-we-are-and-where-were-going/