BILL 6
An Act Respecting the Enduring Powers of Attorney Act and the Wills Act
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Enduring Powers of Attorney Act
1( 1) Section 3 of the Enduring Powers of Attorney Act, chapter 30 of the Acts of New Brunswick, 2019, is amended
(a) in subsection (1),
( i) by repealing paragraph (a) and substituting the following:
(a) appoints an attorney for property to act on behalf of the grantor in relation to the property and financial affairs of the grantor and specifies that
( i) the attorney may act when the grantor lacks capacity, or
( ii) the attorney may act regardless of whether the grantor lacks capacity; and
( ii) in paragraph b) of the French version by striking out “nomme” and substituting “il nomme”;
(b) by adding after subsection (1) the following:
3( 1.1) For greater certainty and despite paragraph (1)(a), an irrevocable power of attorney is not an enduring power of attorney.
1( 2) Section 4.1 of the Act is amended
(a) in subsection (2) by striking out “On the commencement of this section until December 31, 2022, the requirement” and substituting “The requirement”;
(b) in subsection (3) by striking out “During the period referred to in subsection (2), the requirements” and substituting “The requirements”;
(c) in subsection (4) by striking out “During the period referred to in subsection (2), the requirement” and substituting “The requirement”.
Wills Act
2 Section 4.1 of the Wills Act, chapter W-9 of the Revised Statutes, 1973, is amended
(a) in subsection (2) by striking out “On the commencement of this section until December 31, 2022, the requirement” and substituting “The requirement”;
(b) in subsection (3) by striking out “During the period of time referred to in subsection (2), the requirement” and substituting “The requirement”;
(c) in subsection (4) by striking out “During the period of time referred to in subsection (2), the requirement” and substituting “The requirement”.