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The Law on Powers of Attorney & Rep. Agreements

The recent case of Putman v Putman, 2021 BCSC 1700, discussed the Power of Attorney Act and Representation Agreement Act and the applicable law to the aforementioned legal instruments. In this case, the petitioner, David Putman, and the respondent, Linda Putman, were brother and sister; they were jointly appointed as attorneys pursuant to an enduring power of attorney granted by their mother, Margaret Putman. The respondent has also been appointed as Margaret’s representative pursuant to a representation agreement made pursuant to s. 9 of the Representation Agreement Act, R.S.B.C. 1996, c. 405 (the “RA Act”). The two siblings were unable to agree as to the appropriate medical treatment for their mother and likely more so, how best to deal with valuable real estate owned by their mother; alas, another case where finances get in the middle of sibling relationships.

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