Application for a Certificate of Appointment of Estate Trustee: ON Estate Form 74A

Key Takeaways

• In Ontario, a deceased person’s belongings form an estate, which can only be managed by a legally appointed estate trustee.
• A general Power of Attorney (POA) expires once its creator becomes incapable of managing their affairs, but an enduring POA can remain in that situation.
• The creator of an enduring POA must clearly state the document’s authorisations and limitations.
• Enduring POAs must be properly executed to remain valid for real property transactions.
• The Land Title and Survey Authority of British Columbia handles enduring POAs when attorneys are managing real property on behalf of another person.

When someone dies, they may leave behind belongings, real estate and other assets and liabilities, which together is called their estate.

In Ontario, an estate trustee is the only person with the legal authority to manage or distribute an estate.

What is the difference between a regular Power of Attorney and an Enduring Power of Attorney?

The key difference between a general Power of Attorney and an EPOA is that an EPOA, unlike a general Power of Attorney, does not cease to be in effect if the Adult becomes incapable of managing his or her affairs. 

 

Section 14 of the BC Power of Attorney Act states that an Adult who makes an Enduring Power of Attorney must state the following in the EPOA:

• Whether the Attorney may exercise authority:
  • Only while the adult is capable; or
  • Only while the adult is incapable of making decisions about the adult’s financial affairs, and
• That the authority of the Attorney continues despite the Adult’s incapability.

What services does NotaryPro offer for the EPOA?

In-Person Notary Services: Through our easy online booking portal, you can find an appointment time that works for you. To book an in-person signing, where you will meet with a licensed notary public in British Columbia, try our simple Find-a-Notary tool. 

Virtual witnessing: If you would prefer to meet with a Notary via online video call, you can book NotaryPro’s popular Virtual Witnessing Service (VWS). Virtual witnessing allows you to meet with a notary public via online video call and sign your documents from the comfort and safety of your home or office. Discover more about our virtual witnessing services.

How can NotaryPro help with the Land Title Survey Authority?

The Land Title and Survey Authority of British Columbia (the “LTSA”) often deals with Enduring Power of Attorneys, when an Attorney wishes to deal with the real property of the authorizing Adult under an EPOA.

However, the LTSA often finds issues with the way EPOA documents were executed, which cause the LTSA to reject EPOA registrations dealing with the real property of the authorizing Adult. 

In essence, if the Enduring Power of Attorney does not meet the requirements of the Land Title Office, it will be ineffective for purposes related to real property.  For example, defective Enduring Power of Attorneys cannot be used to sell, purchase, mortgage or otherwise deal with real property.

Ready to sign your Enduring Power of Attorney?

NotaryPro can help you through the process of signing your EPOA. Visit our booking page or contact our service agents to see how we can help you.

About NotaryPro 

At NotaryPro, we can help you to notarize or commission any of your documents. We offer convenient in-person notary services with locations all over Canada, and online notary services for your convenience. Visit us at www.notarypro.ca to see how we can help you further?