I have a power of attorney for my daughter who is residing in China. On a recent visit, we spent some time in New Brunswick and put in an offer to buy a condo. I plan on using the power of attorney to represent my daughter’s interest but when I approached a New Brunswick lawyer, she stated that the Ontario power of attorney was not satisfactory. What should I do?
The lawyer is correct. For purposes of real estate transactions and generally for all financial dealings, you need a valid power of attorney in the jurisdiction that you are doing business. Your valid Ontario power of attorney will not be recognized in any other province, just as an Ontario lawyer would not be able to utilize a power of attorney drafted and executed under the laws of say, Manitoba.
You will therefore need to engage the New Brunswick lawyer and search for a method of signing a new power of attorney for your daughter so that you may proceed with the real estate transaction. In the worst case scenario, you daughter may have to travel to New Brunswick and sign a new power of attorney in the presence of this particular lawyer.