Once you finish making your power of attorney using the POA-E App, you must follow a few formal steps to make it legal.

Your power of attorney must:

• be in writing
• be dated
• be witnessed by two independent adults
• be signed by you and your two witnesses at the same time

Step 1 – Print your POA: You must print a copy of your power of attorney so that it is in writing. A video,electronic, or audio power of attorney is not valid.

Step 2 - Sign and date your POA: You must sign your power of attorney. Do not use an electronic signature. You must write the date on your power of attorney.

Step 3 - Two adults must witness your POA: You must have two adults watch you sign and date the printedpower of attorney, and they must also sign and date it at the same time. The two people must be at least 19 years old.

Your witnesses cannot be:

• your attorney
• your attorney's spouse,
• registered domestic partner, or common law partner
• your attorney's child

Your witnesses must both be with you when you sign the document, in the same place, and must then also sign the document in front of you. Your witnesses do not need to know what your power of attorney says. They don’t have to read it.

We will remind you about these steps when you finish making your power of attorney using the POA-E App.

Fill out My Enduring Power of Attorney
(estimated time to complete 45 minutes)

If you own land

You must also do a few things if your attorney will deal with land for you.

People often do an affidavit of execution for a general power of attorney, even though the law does not say you must do one. But if you want your attorney to buy or sell land for you, the Land Registration Office will need anaffidavit of execution and an affidavit of status.

Getting the affidavit of execution signed

Arrange to have one of your witnesses sign an affidavit of execution. An affidavit of execution is a sworn statement where a witness says in writing (confirms) that they saw you sign the power of attorney and that you were at least 19 years old (an adult) when you made the power of attorney. The witness signs the affidavit of execution in front of a Commissioner of Oaths, a lawyer, or a notary public.

One of your witnesses can do this any time after you sign your power of attorney. But the best time is right afteryou sign your power of attorney.

A Commissioner of Oaths, a lawyer or a notary public must confirm that the affidavit of execution is true. All lawyers are Commissioners of Oaths. You can find notaries public and Commissioners of Oaths here.

Affidavit of Status

An affidavit of status is a sworn statement that says in writing (confirms) three facts about you:

• your age (that you are 19 years old or older)
• where you live (that you live in Nova Scotia)
• your marital status (that you are married, live common law or are single).

You or your attorney can write and sign an affidavit of status any time after you sign your power of attorney. If you are selling real property, like a house, cottage, or land, attach the affidavit of status to your power ofattorney. If your attorney will not be dealing with land for you, you will not need an affidavit of status.

Any lawyer helping you sell land will prepare an affidavit of status for you or your attorney to sign. If your addressor marital status changes, your lawyer will update the affidavit of status.