Managing Your Financial and Personal Affairs
Enduring Powers of Attorney
A guide to help you prepare for a possible loss of decision-making ability
This guide provides information about enduring powers of attorney (EPAs). The legislation governing EPAs in New Brunswick is called the Enduring Powers of Attorney Act. It came into effect on July 1, 2020. Before that, EPAs were governed by the Property Act and the Infirm Persons Act. The Enduring Powers of Attorney Act also governs health care directives. Information about health care directives is provided in a separate publication.
Optional Forms for New Brunswick’s Enduring Powers of Attorney Act:
Enduring Power of Attorney for Personal Care
This is a form for making an enduring power of attorney for personal care in accordance with the Enduring Powers of Attorney Act in New Brunswick. You cannot use this form to appoint an attorney for property. If you would like to make an enduring power of attorney that appoints an attorney for property, you will need help from a lawyer. Before you fill out this form, you should read the PLEIS-NB guide called Enduring Powers of Attorney.
Capacity Assessment Report
This is a form that can be used to record the results of a capacity assessment conducted in accordance with the Enduring Powers of Attorney Act in New Brunswick. It is intended to be used when a grantor’s capacity is being assessed to determine whether their attorney(s) may begin to exercise authority.
Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit, charitable organization. Its goal is to help the public know the law. PLEIS-NB receives funding and in-kind support from the Department of Justice Canada, the New Brunswick Law Foundation and the Office of the Attorney General of New Brunswick.
This revised booklet integrates the information from two existing booklets, namely, Powers of Attorney and Powers of Attorney for Personal Care. The latter booklet will no longer remain in print. We gratefully acknowledge the assistance of the Office of the Public Trustee and members of the Law Society of New Brunswick, in the development of this booklet.
The purpose of this booklet is to describe the different kinds of powers of attorney, explain how to set them up and explore some advantages of doing so. You can create powers of attorney to deal with your property and financial affairs and/or your personal care. Creating a power of attorney is one way that you can plan for the future. This booklet does not contain a complete statement of the law in this area. Laws change from time to time. For specific advice on your legal situation, you should consult a lawyer.
Published by:
Public Legal Education and Information Service of New Brunswick
P.O. Box 6000
Fredericton, NB, E3B 5H1
(506) 453-5369
www.legal-info-legale.nb.ca
Reprinted: March 2022
ISBN: 978-1-4605-0453-6
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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
