How to Get Power of Attorney in Nova Scotia: Step-by-Step Process

Step 1: Understand What You Are Creating

Nova Scotia separates financial authority from healthcare authority into two distinct legal documents. An Enduring Power of Attorney (EPA) under the Powers of Attorney Act covers money, property, banking, investments, and taxes. A Personal Directive under the Personal Directives Act covers medical consent, living arrangements, and personal care.

You likely need both. But the process below focuses on the EPA — the document most people mean when they say "power of attorney."

The key word is "enduring." A standard Power of Attorney becomes void the moment the donor (the person granting authority) loses mental capacity. An EPA includes an explicit enduring clause that keeps it valid through incapacity. If you skip the enduring clause, the document is useless when you need it most.

Step 2: Choose Your Attorney Carefully

The person you appoint as your Attorney will have broad authority over your finances. Consider someone who is:

• Trustworthy with money and transparent about their own financial affairs
• Geographically accessible — they may need to visit banks, meet with the LRO, or manage property in Nova Scotia
• Willing to keep detailed records of every transaction (the 2022 amendments impose a strict record-keeping duty)
• Comfortable making decisions under stress, especially during your incapacity

You can appoint joint Attorneys (two people who must act together) or name alternate Attorneys who step in if the primary cannot serve. You can also appoint a Monitor — a person who has the legal right to inspect the Attorney's financial records and report concerns to the court.

Step 3: Draft the Document

The EPA must include several elements to be valid:

• Donor identification: Full legal name and address of the person granting authority
• Attorney identification: Full name and address of the appointed Attorney (and any alternates or joint Attorneys)
• Scope of authority: What the Attorney is authorized to do — this can be general ("all financial and property matters") or restricted to specific tasks
• Enduring clause: Explicit language stating the document is intended to survive the donor's mental incapacity
• Date: The document must be dated
• Signature: The donor must sign the document

You can draft this yourself using the statutory language from the Powers of Attorney Act, use the LISNS POA-E app for a basic version, or hire a lawyer for a customized document.

Step 4: Execute the Document Properly

This is where most mistakes happen. Since the July 2022 amendments, the execution requirements are strict:

1. The donor signs in the presence of two independent witnesses
2. Both witnesses must be present at the same time — not separately
3. Neither witness can be the named Attorney, the Attorney's spouse or partner, a child of the Attorney, or a beneficiary under the donor's will
4. Both witnesses sign the document

The donor must demonstrate legal capacity at the time of signing. Under the Act, this means understanding their assets, their approximate value, their obligations to dependents, and the role the Attorney will play. If there is any doubt about capacity — if a dementia diagnosis is progressing, for example — consider having a physician provide a written assessment confirming capacity before or at the time of signing.

Step 5: Prepare the Supporting Affidavits (If Real Estate Is Involved)

If the Attorney may need to manage or sell real estate, prepare these documents at the same time as the EPA signing while the witnesses are still available:

• Affidavit of Execution: One of the two witnesses swears before a commissioner of oaths or notary public that they personally observed the donor sign the EPA. This costs $20–$50 to have commissioned.
• Affidavit of Status: A sworn statement confirming the donor's marital status and age.

The Land Registration Office (LRO) will not register the EPA against a property parcel without these affidavits. Getting them done at signing is far easier than tracking down witnesses months or years later.

Step 6: Distribute and Store the Document

Do not put the original EPA in a safety deposit box — the irony of locking the Attorney's authority in a box that only the donor can access is not lost on anyone who has dealt with this situation.

Store the original in a fireproof home safe or with a lawyer. Provide certified copies to:

• The named Attorney
• The named Monitor (if any)
• The donor's primary financial institutions
• The donor's lawyer (if applicable)

If the EPA covers real estate, file Form 26 with the Land Registration Office to record it against the relevant property parcels. The recording fee is $100 per instrument.

How Long the Process Takes

If you are drafting the document yourself or using a template, the entire process — drafting, arranging witnesses, signing — can be completed in a single afternoon. A lawyer appointment typically takes one to two weeks to schedule, with the signing happening at the appointment.

The document is valid immediately upon proper execution. There is no government approval process, no filing requirement (except at the LRO for real estate), and no waiting period.

The Nova Scotia Power of Attorney Kit walks through every step with province-specific templates, witness screening checklists, and the LRO affidavit forms — so you can complete the process confidently without a lawyer if you choose, while still meeting every requirement of the 2022 and 2025 legislative amendments.

See more Nova Scotia guides →