Nidus eRegistryT for enduring powers of attorney and representation agreements
Lawyers who prepare enduring powers of attorney or representation agreements for clients will want to be aware of the Nidus eRegistryT, a voluntary, user-pay registry sponsored by the non-profit Representation Agreement Resource Centre in Vancouver.
The Nidus eRegistry (www.nidus.ca) offers online registry services for notices of representation agreements and enduring powers of attorney, or copies of those documents. The service allows a registrant to authorize the disclosure of a notice, the name of his or her representative or attorney and the location of a representation agreement or power of attorney, to certain third parties such as hospitals, financial institutions or government bodies. The registry assists those third parties to ascertain and locate the right person if it becomes necessary to seek financial, legal or health instructions respecting a registrant and the registrant is unable to provide those instructions directly.
Gateway File SystemsT of Victoria, a company involved in the initial set-up of the BC Organ Donor Registry, has provided technical support on the Nidus eRegistry project, and JuricertT (the Law Society's online authentication service) is authenticating the professional status of lawyers or notaries public who serve as agents for their clients in registering documents. A lawyer who is likely to file documents in the Nidus eRegistry for clients can seek the necessary online authentication from Juricert by visiting www.juricert.com.
Nidus offers two options for registration:
1. Registration of a notice of a representation agreement or enduring power of attorney, which includes the name of the representative or attorney and the location of the document. (Revocations may also be registered.)
2. Registration of both a notice and a copy of the representation agreement or power of attorney.
The Registry does not assume the role of verifying or interpreting the content of a notice or a document, or its validity.
A registrant (or the lawyer or notary representing a registrant) receives a Nidus registration number and a personal password to access the registrant's own records online. Any third parties, such as health and financial institutions and government bodies, must be pre-authorized by the Representation Agreement Resource Centre and Juricert to search for registrants' records online. In addition, it is the prerogative of each registrant to decide whether to allow third parties access to his or her records and, if so, what categories of third parties may have access.
The registry permits registrants to allow disclosure to 1) financial and legal institutions (banks, financial advisors, Public Guardian and Trustee), 2) health and personal institutions (hospitals, care facilities, mental health teams, social workers or Public Guardian and Trustee), or 3) both. The general public does not have access to such records in the registry.
Lawyers and notaries who register to access the registry on behalf of clients will be listed as registry agents on the Nidus and Representation Agreement Resource Centre website. For more information, visit the Resource Centre website at www.nidus.ca or call (604) 408-7414.