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Errata - Enduring Powers of Attorney Act

On July 1, 2020, New Brunswick’s Enduring Powers of Attorney Act (The Act), came into force. This new Act replaced all matters that were previously dealt with under the Property Act, Infirm Persons Act, and Advance Health Care Directives Act in respect to powers of attorney. This Act combines all the former legislation into a single statute.

The new Act adds significant detail to the requirements and structure for enduring powers of attorney in New Brunswick.  If properly executed, an Advanced Health Care Directive or Power of Attorney created under the old legislation will remain valid if it is in accordance with the new Act.

The Act has replaced the term “donor” with “grantor” and “donee” with “attorney”. The person who creates a power of attorney is the grantor, and the person who receives power under a power of attorney is an “attorney” for the purposes of this legislation.

In replacing the Advanced Health Care Directives Act, the term “proxy” has also been replaced with the term “attorney”. The above noted changes affect the following publications produced by Public Legal Education and Information Service of New Brunswick:

-          Powers of Attorney booklet,

-          Advanced Health Care Directives booklet,

-          Mental Competence booklet,

-          When You Can’t Manage Your Affairs… Who Will? booklet,

-          Patient’s Rights booklet, and

-          Protect Yourself from Abuse and Fraud: A Guide for Seniors

This erratum is used to inform anyone using the publications above about the new, all-encompassing, Act and the elimination of the Advanced Health Care Directives Act. Over the coming months, PLEIS-NB is working to revise all affected publications, which are expected to be forthcoming in the fall of 2021. For more information, contact PLEIS-NB at pleisnb@web.ca

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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date.  The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.