How to Choose an Attorney for Your Power of Attorney in Newfoundland and Labrador

The person you name as your attorney under an Enduring Power of Attorney will have the authority to manage your bank accounts, pay your bills, sell your property, and make financial decisions on your behalf if you lose cognitive capacity. Choosing the wrong person — or choosing the right person without discussing expectations — is a mistake that cannot be undone once capacity is lost.

The Criteria That Actually Matter

Trustworthiness above all. The attorney will have access to every financial account you own, often with minimal oversight. No amount of legal safeguards replaces fundamental trust. If you have even a slight hesitation about someone's financial integrity, they are the wrong choice.

Financial competence. The attorney does not need to be a financial advisor, but they need to be organized enough to maintain separate accounts, track expenses, file tax returns, and manage banking relationships. Someone who struggles with their own finances will struggle with yours.

Geographic proximity. An attorney who lives in Alberta while you are in Carbonear will face delays responding to urgent institutional requests — a bank demanding an original document in person, a care facility needing a financial signature for admission, a property issue that requires physical presence at the Registry of Deeds in St. John's. A local attorney or an EPA that lets a local co-attorney act independently resolves this.

Willingness and capacity. Being named as attorney is a significant time commitment, especially during a prolonged incapacity. Ask the person directly whether they are willing to take on the role, and discuss what it actually involves — regular banking transactions, dealing with government agencies, maintaining financial records, and potentially making difficult decisions about selling assets to fund care.

Age and health. Naming your 85-year-old spouse as your sole attorney creates an obvious problem: they may lose capacity before or at the same time as you. Always name an alternate attorney who can step in if the primary attorney is unable or unwilling to serve.

Who You Cannot Choose

Newfoundland and Labrador law imposes a few restrictions:

• The attorney must be at least 19 years old
• A person who has been declared bankrupt is disqualified from acting as attorney
• The witness who watches you sign the EPA cannot be the attorney, the attorney's spouse, or the attorney's cohabiting partner (this is a witnessing rule, not an appointment rule — but it means you need a third person at the signing)

Sole Attorney vs. Joint Attorneys

You can name a single attorney, or multiple attorneys who act jointly or independently.

Sole attorney is the simplest arrangement. One person makes all decisions. The risk is that there is no check on their authority — if they make a mistake or act improperly, there is no built-in oversight.

Joint attorneys must make decisions unanimously unless the EPA explicitly permits majority rule. This provides accountability but creates operational friction. If one attorney is in St. John's and the other is working in Fort McMurray, getting both signatures on a routine banking document can delay basic transactions by days or weeks. If joint attorneys reach an impasse and cannot agree, they cannot act at all — and an interested party must apply to the Supreme Court for a resolution.

Independent attorneys (also called "several" attorneys) can each act alone. This avoids the unanimity problem but sacrifices oversight — either attorney can make a binding financial decision without the other's knowledge or agreement.

For most families in Newfoundland and Labrador, a sole attorney with a named alternate is the most practical choice. It avoids the deadlock risk of joint attorneys while ensuring continuity if the primary attorney cannot serve.

The Conversation to Have Before You Sign

The appointment conversation should cover:

• Activation expectations. Are you creating a springing EPA (activates only upon certified incapacity) or an immediate EPA (authority exists from the moment of signing)? The attorney needs to understand when their responsibilities begin.
• Investment preferences. Do you want assets managed conservatively, or are you comfortable with a diversified portfolio? The attorney is bound by the prudent investor standard, but your expressed preferences carry weight.
• Property decisions. Under what circumstances would you want your home sold? If you move into long-term care, should the attorney maintain the property, rent it, or sell it to fund care costs?
• Care priorities. While the AHCD covers medical decisions, financial decisions directly affect care — a cheaper care facility vs. a more expensive one, private home care vs. facility placement. The attorney needs to understand your priorities.
• Compensation. Will the attorney be compensated for their time? If payment is expected, address it expressly in the EPA or get legal advice before taking payment. For extended incapacity, this can be a significant ask.

The SDM Decision Is Separate

Choosing an attorney for your EPA is a financial decision. Choosing a Substitute Decision Maker for your AHCD is a healthcare decision. These can be — and often are — different people.

Your daughter who is a nurse may be the ideal SDM because she understands medical terminology and treatment options. Your son who is an accountant may be the better attorney because he has the financial management skills. There is no requirement that the same person fill both roles.

The Newfoundland and Labrador Power of Attorney Kit includes a family planning checklist that walks through these decisions systematically — attorney selection, alternate naming, SDM selection, and the conversation framework for getting everyone aligned before the documents are signed.

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