Yes—a home can often be sold using a Power of Attorney (POA) in British Columbia, but only if the POA is valid, still in effect, and acceptable for Land Title purposes. In practice, that means the POA must be properly executed/witnessed, the attorney must have authority to deal with real property, and the POA (or a certified copy) must be filed with the Land Title Office before a transfer signed by the attorney can be registered. If the homeowner has passed away, a POA does not apply and the sale must be handled through the estate.
Important: This article is general information, not legal or tax advice. Please consult a qualified accountant or lawyer for specific advice.
What is a “Power of Attorney” for a real estate sale in BC?
A Power of Attorney is a legal document where one person (the adult/donor) authorizes another person (the attorney) to act on their behalf for financial and legal matters—often including real estate.
Enduring POA vs. general POA (why this matters in real estate)
Enduring Power of Attorney: Designed to continue (or “endure”) if the adult becomes incapable, depending on how it’s written.
General Power of Attorney: Often used for shorter-term needs (travel, convenience). Whether it works for a sale depends on its wording and whether it meets Land Title requirements.
Land Title note: If an enduring POA is intended to be effective for Land Title Act purposes, it must be executed and witnessed in accordance with Land Title Act rules.
When a POA will NOT work to sell a house (common deal-killers)
This is where families in Victoria, Oak Bay, and Saanich often get surprised—usually right when they’re hoping to list quickly.
1) The homeowner has died
A POA terminates when the adult dies. At that point, the authority to sell typically shifts to the executor/administrator under the estate process.
2) The POA was revoked, expired by its terms, or is otherwise terminated
An enduring POA can be revoked or terminated, and attorney authority can also end in various circumstances.
3) The POA doesn’t meet Land Title execution requirements
For enduring POAs, BC law sets formal signing and witnessing requirements, including who can/can’t be a witness.
4) The attorney never signed the enduring POA
Before exercising authority under an enduring POA, the attorney must sign it (with required witnessing).
5) Multiple attorneys disagree (or unanimity is required)
If more than one attorney is appointed for the same authority, they may be required to act unanimously unless the POA says otherwise.
What does the attorney actually sign in a Victoria home sale?
In a typical Victoria BC real estate transaction, the attorney may need to sign:
The listing agreement (to authorize marketing and sale services)
Seller disclosures and required brokerage forms
The Contract of Purchase and Sale, counteroffers, and amendments
Subject removal and closing directions
Land Title transfer documents handled through the conveyancer/lawyer
Land Title execution detail (practical but important): When executing certain Land Title documents, an attorney signs their own name (not the donor’s signature), and the execution block must show the donor’s name; the attorney’s signature must also reference the POA registration number (or describe it if filed in the same package).
Step-by-step: How selling with a POA usually works in Greater Victoria
Every situation is personal—especially when the move is connected to a health change, a downsizing decision, or a family transition. The process below is the common path we see in Fairfield, Gonzales, Oak Bay, Broadmead, Cordova Bay, and the Saanich Peninsula.
Step 1: Confirm the POA is the right tool (and still in effect)
Before you spend money on staging or pre-inspections, confirm:
Is it enduring (if incapacity is part of the reason)?
Is the attorney’s authority active (effective date/event)?
Has anything happened that would end authority (death, revocation, attorney unable to act)?
An enduring POA is effective based on specific timing rules (including when both adult and attorney have signed, plus any stated effective date/event).
Please consult a qualified lawyer or notary for specific advice on validity and scope.
Step 2: Ensure the attorney is ready to act as a fiduciary
BC law requires an attorney to act honestly, in good faith, with reasonable prudence, and in the adult’s best interests (including considering current wishes and known values).
Practical family checklist:
Agree on the “why” behind the sale (care needs, simplifying, relocating)
Keep notes and records of major decisions
Where reasonable, keep the homeowner involved in choices (timing, showings, offers)
Navigating a Power of Attorney sale often feels personal and overwhelming. Many families find it helpful to talk through the timeline and coordination early. When you're ready, we're here for a no-pressure conversation
Step 3: Work with a conveyancer to meet Land Title filing requirements
For Land Title registration, a transfer signed by an attorney cannot be registered unless the POA (or an approved certified copy) is filed with the registrar.
Also, for land title purposes, proof that the attorney was at least 19 may be required at filing (commonly via statutory declaration).
Step 4: Authorize marketing properly (listing + advertising consent)
In BC, a licensee must not advertise a specific property for sale unless the owner or an authorized agent has consented. When a valid POA is in place, the attorney is typically the person providing that authorization.
Step 5: Price, prepare, and present the home with confidence (not urgency)
For downsizers and families, the goal is usually:
A calm timeline
Clean documentation
A sale process that respects privacy and health considerations
Local, practical preparation ideas:
Focus first on “high-impact calm” updates: lighting, paint touch-ups, curb appeal
If the home is in Oak Bay or Fairfield with older construction, pre-empt buyer concerns (roof age, drainage, electrical) with documentation
If it’s a Saanich Peninsula home, highlight lifestyle access (walkability, services, healthcare, transit options) without making promises
Step 6: Negotiate and accept an offer with clean authority
Buyers (and buyer agents) may ask for:
Confirmation the POA is valid
Clarity on who is signing and why
This is normal—especially in higher-value neighbourhoods where due diligence is thorough.
Step 7: Complete the sale and register the transfer
In modern LTSA workflow, a BC lawyer/notary (or authorized subscriber) typically e-signs and submits land title forms through the system.
Risks and “red flags” buyers may raise (and how to reduce friction)
Selling under POA is legitimate, but it tends to invite extra scrutiny. Expect questions such as:
Is the POA properly executed for Land Title purposes?
Has the POA been filed (or will it be filed) with the Land Title Office?
Is the attorney acting within authority and in the homeowner’s best interests?
Are multiple attorneys required to sign?
Ways to make the transaction smoother:
Have your conveyancer ready early (not “after the offer”)
Keep a clear paper trail for decisions
Avoid last-minute authority surprises (especially if there are multiple attorneys)
Tax, probate, and estate planning considerations (read this before you assume anything)
A POA sale can intersect with:
Capital gains considerations (especially if it’s not a principal residence)
Property Transfer Tax questions for any related purchase or restructuring
Estate planning and future distributions (if the home is part of broader planning)
Please consult a qualified accountant or lawyer for specific advice. We can coordinate with your professionals and keep the real estate side organized and calm, but we do not provide legal or tax advice.
Does reading this mean you’re “represented” by The Webbers?
No. Real estate representation in BC is established through the appropriate disclosures and agreements—not by reading a blog post or having a quick chat. BC consumer disclosures also recognize that a person can receive general help without being in an agency relationship.
If and when you’d like representation, we’ll walk through the paperwork plainly and answer questions along the way. CONTACT PAGE
FAQs: Selling with POA in Victoria and Oak Bay
Can the attorney accept an offer without the homeowner’s involvement?
Sometimes, yes—depending on the POA and the homeowner’s capability. Even where the attorney can act, BC law emphasizes acting in the adult’s best interests and considering current wishes, known beliefs, and values.
Does the POA have to be filed before we list the home?
Marketing authorization can often proceed once the attorney has valid authority, but Land Title registration requires the POA (or a certified copy) be filed with the registrar before a transfer executed under POA can be registered.
What if the homeowner passes away mid-transaction?
Because an enduring POA terminates on death, this is a situation where immediate legal guidance is essential and the estate process may take over.
Please consult a qualified lawyer for specific advice.
What if there are two attorneys?
They may need to act unanimously unless the POA says otherwise. This affects signatures on listings, offers, and closing documents.
How The Webbers help (No Pressure, Just Family)
Selling a home under Power of Attorney is rarely “just paperwork.” It’s often tied to a life change—downsizing, health, or a family transition—and that deserves a steady, respectful process.
When you’re ready, we can help you:
Create a clear sale plan that fits your timeline and privacy needs
Coordinate with your lawyer/notary so Land Title requirements aren’t a last-minute scramble
Position the home thoughtfully for Victoria BC real estate buyers (Oak Bay, Saanich, and Saanich Peninsula Homes included)
Keep communication simple, documented, and low-stress
Helpful links:
Position the home thoughtfully for Victoria BC real estate buyers (Oak Bay, Saanich, and Saanich Peninsula Homes included). If this sounds like the kind of steady support your family needs, feel free to reach out anytime
Next Step
Whether it's for downsizing, a health transition, or family planning in Victoria, Oak Bay, or Saanich, we're here to help make the process calm and clear. Reach out to The Webbers for a no-pressure conversation.