We're sorry you've had trouble finding a notary to work with our documents. Here’s a step-by-step guide to help you navigate the process, especially if you're in British Columbia (BC).
Notary Requirements in BC
In BC, notaries have more liability since they can draft wills. They are often hesitant to notarize documents they didn’t draft. That’s why we provide you with Statutory Declarations, separate from the Enduring Power of Attorney (EPOA) document itself.
Why Notarization is Necessary
The Land Titles and Survey Authority (LTSA) of BC requires either a notarized EPOA or a statutory declaration for registration. This is a prerequisite for buying, selling, or transacting in real estate on another’s behalf. Notarization is mandatory only if someone is transacting real estate on your behalf.
Simplified Explanation
If you own property in BC and your designated Attorney may need to buy or sell property if you become incapacitated, your statutory declarations need to be notarized to register the EPOA with the LTSA.
Document Requirements
The LTSA won’t register a POA unless it is notarized or has attached Statutory Declarations that are notarized. With Willful, our EPOA requires:
- Signatures from you
- Signatures from your chosen representative(s) and any backups
- Signatures from two adult witnesses
Included with your documents are Statutory Declarations for your Attorney(s) and Witnesses, which need to be notarized to meet LTSA requirements.
Timing for Notarization
Getting the Statutory Declarations notarized can be done later by the Representative/Witnesses as needed.
Recommended Notary Service
If you need to proceed with notarization, we recommend booking with Notary Pro, which has several locations throughout the province.
Contacting a Notary
When you contact a notary, use the following script:
“Hi there, I’m looking for you to notarize statutory declarations for my Enduring Power of Attorney. I don’t need you to draft the document, rather I just need you to notarize the stat decs that go along with it and register it with the LTSA in BC. Can you help with that?”