A Power of Attorney (POA) is a legal document that lets you name someone to make decisions on your behalf. It can be a key part of estate planning—and one of the most important steps you can take to protect yourself and your finances.
Whether you’re planning ahead or facing a health issue, a POA gives you peace of mind knowing someone you trust can step in if needed.
An enduring power of attorney is a legal document that allows you to give another person the authority to act for you and manage your affairs either financially, for personal care or both. There are two main types of POAs in New Brunswick:
This lets someone manage your money, property, and financial decisions. They can pay bills, access bank accounts, and handle investments on your behalf.
This allows someone to make decisions about your health care, housing, and personal needs if you’re unable to.
You can choose different people for each role—or the same person for both. What matters most is that you trust them to act in your best interest.
An enduring power of attorney and a will are both important legal documents—but they serve different purposes and take effect at different times:
An enduring power of attorney is only valid while you’re alive. It allows someone to act on your behalf if you’re unable to make decisions due to illness, injury, or absence.
A will takes effect only after your death. It outlines how your assets should be distributed and who will carry out your wishes.
Together, these documents help ensure your affairs are managed the way you want—both during your life and after.
Life can be unpredictable. A POA helps you prepare for situations where you might not be able to make decisions yourself.
Here are some common scenarios when a POA may need to come into effect:
If you’re hospitalized or recovering from surgery and unable to manage your finances or make personal care decisions, your POA can step in to help.
Conditions like Alzheimer’s or dementia can affect your ability to handle financial tasks or understand complex decisions. A POA ensures someone you trust can manage your affairs if your capacity changes over time.
If you’re away for an extended period—such as living abroad or traveling—a POA can allow someone to manage your affairs while you’re gone.
If you’re temporarily incapacitated due to an accident or illness, your POA can help keep things running smoothly until you recover.
Without a POA:
Your loved ones may need to go to court to manage your affairs
Important decisions could be delayed
You may not have control over who makes choices for you
With a POA:
You stay in control by choosing who helps you
You can set clear limits on what they can and can’t do
You make things easier for your family and reduce stress during emergencies
This could be a family member, friend, or professional. Make sure they understand your values and are willing to take on the responsibility.
You can give broad authority or limit it to specific tasks—like managing your bank account or selling property.
Work with a lawyer to make sure your POA is legally valid and reflects your wishes.
Review your POA regularly, especially after major life changes like marriage, divorce, or the birth of a child.
Download our free Understanding the Power of Attorney brochure to learn more about the role and some responsibilities when acting on authority granted under a power of attorney for financial matters.
For more information about powers of attorney, visit the Public Legal Education and Information Services of New Brunswick’s power of attorney webpage, or speak to a lawyer.