Lawyers´ Insurance Association of Nova Scotia

4.1 Powers of Attorney

When a lawyer conducts a title search and identifies a power of attorney document, the lawyer must review the power of attorney document to ensure it is effective to do that which it purports to do.¹

A lawyer may not rely on a power of attorney unless

1. it is executed before the instrument under it is executed; and
2. it is registered pursuant to the Registry Act² or recorded pursuant to the Land Registration Act.³

A lawyer should ensure that the matrimonial status of the grantor pursuant to a power of attorney is reflected in the abstract of title.⁴

A lawyer should ensure that, in preparing an affidavit of execution for an attorney, it is based on the attorney’s personal knowledge and belief.

Notes:

1. A power of attorney is effective to convey the interest of an incompetent person only if it is a properly executed Enduring Power of Attorney pursuant to the Powers of Attorney Act, R.S.N.S. 1989, c. 352, s. 3
2. Registry Act, R.S.N.S. 1989, c. 392, s. 24
3. Land Registration Act, S.N.S. 2001, c. 6, s. 72
4. Matrimonial Property Act, R.S.N.S. 1989, c. 275