Families often start looking at a reverse mortgage when a parent's health is changing. That raises a hard question: what if a parent can no longer make the decision, or sign, on their own? Here is how power of attorney fits in, in plain terms.
The documents that matter in BC
- Enduring power of attorney. Lets a trusted person handle financial and legal matters, and keeps working if the person later loses capacity.
- Representation agreement. Lets a trusted person help with health and personal care decisions.
- A will. Names the executor, who deals with the loan when it comes due.
Can an attorney arrange a reverse mortgage?
Sometimes. Lenders treat files under a power of attorney carefully and ask for extra documents, and some may not proceed in every case. The document has to give the right authority, and the decision has to be in the homeowner's interest. Independent legal advice is required, and the lawyer will want to be sure the decision is the homeowner's own, or properly made on their behalf.
Watch for conflicts of interest
When the attorney is also one of the kids who will inherit, borrowing against the home affects them personally. That is not wrong, but it needs to be handled openly, with a lawyer, and ideally with the other family members informed.
If there is no power of attorney
If a parent can no longer make financial decisions and there is no enduring power of attorney, a family may need a court process to get authority to act. It is slow and costly. If capacity is already a concern, talk to a lawyer before anything else.
The best time to deal with this
Before you need it. If your parents are considering a reverse mortgage, it is a good moment to make sure their power of attorney, representation agreement and will are current. Our sister site livinginheritancebc.com has a free guide for adult kids walking through this.
General information only, not legal advice. Speak with a BC lawyer or notary about your family's documents.
Questions people ask
Can I sign a reverse mortgage for my parent?
Only with valid legal authority, such as an enduring power of attorney that covers it, and lenders will ask for extra documents. Talk to a lawyer first.
Does my parent need to be able to understand the loan?
Lenders and the independent legal advice process aim to make sure the decision is the homeowner's own, or properly made on their behalf. If capacity is in question, get legal advice before applying.
What if there is no power of attorney?
A family may need a court process to get authority to act. It is slow and costly, which is why putting documents in place early matters.
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