I moved to BC – can I use the documents I made in Ontario?

Q – Can you help? I have a will and a Powers of Attorney that was made in Ontario but I moved to BC recently. Are these documents legal in BC?

Nidus does not have expertise in Wills and you are best to contact a lawyer to get advice about using your Ontario Will in BC.

With regard to the Powers of Attorney made in Ontario – they can be recognized in BC if a lawyer in Ontario completes a Certificate of Extrajurisdictional Solicitor.

Ontario has Continuing Power of Attorney for Property to cover financial and legal affairs. This document can be recognized as an Enduring Power of Attorney in BC.

Ontario has Power of Attorney for Personal Care to cover health and personal care matters. This document can be recognized as a Representation Agreement Section 9 in BC.

For more information and a copy of the Certificates (there is one for each type of document) –Hover on My Documents in top blue menu bar – click Using Documents – scroll down to the end of the page.

What if I can’t find a lawyer in Ontario to sign the Certificate?

If you cannot find a lawyer in Ontario to sign the Extrajurisdictional Certificate, you might decide to make the BC documents. (If you have financial property/assets still in Ontario, you might want to keep the Continuing Power of Attorney for Property to deal with those.)

1. If you are mentally capable of understanding the documents you are making, click on the middle photo at the Nidus homepage – Planning on the Future Path; OR
2. If you are helping someone whose capability to understand the nature and effect of the documents, click on the third photo at the Nidus homepage – Need Help Today Path.

What are the planning documents called in other provinces?

Nidus made up short presentations showing the key legal planning documents in other provinces and territories of Canada. Click on Get Help in the top blue menu bar – click on Cross Canada Info.