Power of Attorney vs Will in BC — What's the Difference?
One protects you after death. The other protects you while you're alive. Most people only think about the will — but the power of attorney may matter more.
Key Takeaways
- A will covers what happens after death. A power of attorney covers incapacity while alive.
- BC has three key documents: will, enduring power of attorney, representation agreement
- "Enduring" means the POA survives your incapacity — this is the type you want
- Without a POA, your family may need to apply to court to manage your finances — a slow, costly process
- Most estate lawyers offer all three as a package for $700–$1,500
The three documents every BC resident needs
Estate planning isn't just about death. It's about incapacity — what happens if you're alive but can't manage your own affairs due to illness, injury, or cognitive decline. BC law provides three documents that work together:
| Document | When it applies | What it covers |
|---|---|---|
| Will | After death | Asset distribution, executor, guardians |
| Enduring Power of Attorney | During incapacity (alive) | Financial and legal decisions |
| Representation Agreement | During incapacity (alive) | Health care and personal care decisions |
The will: after death
A will only takes effect when you die. It names your executor, specifies who inherits your assets, and can name guardians for minor children. Until your death, a will has no legal force — you can change it at any time.
For a complete overview, see: Do I Need a Will in BC?
The enduring power of attorney: finances during incapacity
A power of attorney (POA) authorizes someone — your "attorney" — to handle your financial and legal affairs. This includes:
- Paying bills and managing bank accounts
- Filing taxes
- Managing investments
- Selling property
- Dealing with government agencies
The critical word is enduring. A standard POA automatically becomes invalid if you lose mental capacity. An enduring POA survives incapacity — it continues to work when you need it most.
In BC, enduring powers of attorney are governed by the Power of Attorney Act. The document must be signed while you are mentally capable, and it must explicitly state that it is intended to be an enduring power of attorney.
The representation agreement: health care decisions
A representation agreement authorizes someone — your "representative" — to make health care and personal care decisions if you cannot. This includes:
- Consenting to or refusing medical treatment
- Choosing where you live (home, care facility, etc.)
- Deciding who you see and associate with
- Managing personal care and daily living
BC has two types of representation agreements under the Representation Agreement Act:
- Section 7 (standard): Covers routine health care and personal care decisions. Requires less capacity to create.
- Section 9 (enhanced): Gives your representative broader powers, including refusing life-sustaining treatment. Requires full mental capacity to create.
Why you need all three
Consider this scenario: you're in a serious car accident and end up in a coma.
- Your will? Useless — you're alive.
- Without a POA: Nobody can pay your mortgage, manage your investments, or file your taxes without a court order.
- Without a representation agreement: Doctors make medical decisions. Your family can provide input, but they have no legal authority.
Now imagine you have all three documents. Your attorney manages your finances. Your representative makes medical decisions based on your wishes. And if the worst happens, your will ensures your assets go where you want.
Choosing the right people
Your executor, attorney, and representative can be the same person or different people. Consider:
- Trustworthiness: These roles involve significant power over your finances and health
- Availability: The person should live nearby enough to act quickly when needed
- Capability: Financial management requires different skills than health care advocacy
- Willingness: Always ask before naming someone in these roles
Cost of the full package
Most BC estate lawyers offer all three documents as a package. See our cost guide for current pricing: How Much Does a Will Cost in BC?
Frequently asked questions
What is the difference between a will and a power of attorney in BC?
A will takes effect after death. A power of attorney is for managing finances while you're alive but incapacitated. They serve different purposes and you need both.
What is an enduring power of attorney in BC?
An enduring POA continues to be valid even if you become mentally incapable. A standard POA ends at incapacity. For estate planning, you want an enduring one.
What is a representation agreement in BC?
It authorizes someone to make health care and personal care decisions on your behalf during incapacity. Separate from a POA, which covers financial matters.
Do I need all three documents in BC?
Yes. A will (after death), enduring POA (finances during incapacity), and representation agreement (health care during incapacity). Together they cover all scenarios.