BC Real Estate Power of Attorney: 12 Questions to Verify
The twelve-question list is for a transaction that may depend on an attorney signing a transfer, mortgage or other land-title instrument.
When to use Twelve questions before the file depends on the POA
Names, authority, duration, execution, filing, current facts, lender acceptance and backup signing are tested separately before the file relies on the POA.
1–3: document, people and authority
What is the complete instrument? Do all name variations match? Which purchase, sale, mortgage or land-title acts does it authorize?
4–6: start, duration and current facts
When does authority begin? Is it enduring or limited? What revocation, death, bankruptcy or other facts must counsel verify before use?
7–9: execution, filing and attorney act
How was it witnessed? Does land-title use require an affidavit, declaration, certificate or filing? How must the attorney sign and reference the registration?
10–12: lender, original and backup
Will the lender and legal professional accept it? Which original or copy is required and when? What direct-signing or extension path exists if the POA cannot be used?
Stop condition
If any answer depends on interpreting authority, validity or statutory compliance, the article stops at the question. The BC lawyer or notary must give the transaction-specific conclusion.
Twelve questions before the file depends on the POA
| Verification question | Evidence needed | Stoplight test | Who decides |
|---|---|---|---|
| Document identity | Complete instrument, date and governing law | Names match title and planned documents | Correct version reaches counsel |
| Authority and duration | Acts permitted, start and ending conditions | Each transfer or mortgage instrument tested | No act relies on a general label |
| Execution and filing | Witness/officer record, affidavits and deposit details | Current LTSA practice section | Registration path is documented |
| Current facts | Revocation and other facts counsel requires | Source, responder and checked date | Validity question remains professionally owned |
| Institutional acceptance | Lender and closing-professional instructions | Original/copy handling and backup method | File has an accepted alternative |
Complete the twelve-answer POA verification
- Identify the document, donor, attorney, date, page count and governing-law clue.
- Quote the authority relied on for each proposed land-title act.
- Record start, duration, revocation and other current facts counsel requests.
- Attach execution, witnessing, affidavit, filing and attorney-signature evidence.
- Confirm institutional acceptance, original handling and the backup signing route.
Twelve questions before the file depends on the POA: a labelled hypothetical
A seller produces an older general power of attorney shortly before travel. The checklist records the exact copy, donor and attorney names, acts required, execution evidence, filing question and lender or discharge requirements. Any unresolved authority or validity issue stays red until the lawyer or notary supplies the file-specific conclusion.
The older-document scenario is invented. Unanswered authority or validity questions remain with the lawyer or notary rather than turning green in the checklist.
Use the twelve answers as a stoplight with evidence
A green answer requires a document or written instruction, not confidence that the issue is routine. Amber means the responsible professional has identified a condition or missing fact. Red means the proposed signing path cannot yet support the transaction. Record the evidence beside the colour so another person can challenge it.
Questions about validity, capacity, revocation, execution or statutory compliance do not become green through repetition. They remain with the lawyer or notary. The checklist helps the client supply facts early and understand the timing consequence without pretending to make the professional determination.
Add a document-control strip to the twelve-question checklist. Record file name, complete page count, date, donor and attorney names, governing-law clue, version source and the date counsel received it. Then list the proposed transfer, mortgage or other instrument separately. The legal professional can see whether the evidence answers the same document and act that the transaction now requires. If a lender asks for an original, a deposited copy or a different signing route, place that instruction in the institutional-acceptance row and preserve the prior response. The checklist remains useful because it makes changes visible; it does not decide validity or registration.
Related decisions and next contact
Sources and verification
- LTSA Land Title Practice Manual — Deposit of Power of Attorney — Current 2026 practice-manual requirements for filing, execution and remote witnessing.
- LTSA Land Title Practice Manual — Witnessing and Execution — Current 2026 officer-certification and execution framework.
- LTSA — Practice change to affidavit requirements for enduring powers of attorney — Registrar practice change dated July 10, 2024; refreshed August 3, 2026.
- Land Title and Survey Authority of BC — Make Changes to Title — Current LTSA page; retrieved August 3, 2026.
Last verified: August 4, 2026. Professional boundary: transaction-specific conclusions belong with BC real-estate lawyer or notary familiar with land-title practice.
Justin Qiao Personal Real Estate Corporation
Justin Qiao Group | REMAX Crest Realty
BCFSA licence 192005
