BILL NO. 58

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010

Government Bill

Powers of Attorney Act
(amended)

The Honourable Ross Landry
Minister of Justice

First Reading: May 3, 2010

(Explanatory Note)

Second Reading: May 4, 2010

Third Reading: November 25, 2010 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

This Bill provides that, where one or more of the persons appointed as attorney under an enduring power of attorney dies, renounces the appointment, is incapacitated, is unwilling to act or is unable to be found, the remaining person or persons appointed to act under the power of attorney can continue to act under it.

1 Chapter 352 of the Revised Statutes, 1989, the Powers of Attorney Act, is amended by adding immediately after Section 6 the following Section:

7 Subject to the provisions of the enduring power of attorney, where two or more attorneys are appointed to act jointly and one or more of the attorneys
(a) dies;

(b) renounces the appointment;

(c) is legally incapacitated;

(d) is unwilling to act; or

(e) after reasonable inquiries by another of the attorneys, is unable to be found,


the remaining attorney or attorneys may continue to act without that attorney or attorneys.