Expressing and legally documenting preferences and instructions can protect you or your family members from financial abuse or exploitation.
Designating healthcare decision-makers and documenting instructions can create peace-of-mind, minimize dissension and anguish among friends and family and ensure compliance on critical decisions.
Advance planning can be a very comforting and satisfying process, especially when it's managed by an experienced and trusted legal professional. Notaries understand the sensitivities and complexities of these planning decisions, and will ensure that your intentions are clear and properly documented-so you can rest assured about the future.If you have close family and friends, expressing your preferences clearly and encouraging them to do the same is one of the greatest gifts you can give them to ensure they are aware of your wishes-and to save potential confusion or conflict later on.
Clear, legally documented instructions can also save costly and time-consuming legal intervention in the future.
Wills
Wills are a critical tool for outlining one's wishes for the distribution of assets, guardianship of minor children, and the designation of an Executor who takes care of administering the estate. Despite this, a November 2010 survey found that only 51%% of B.C. adults have a Will in place. Without a Will, the Court will determine who will be the Executor, and the law will decide who is entitled to the estate.
Who should have a Will?Any adult in B.C. who owns property including real estate, vehicles or other assets; has a dependent spouse or children, and wishes to have someone they know and trust take care of their estate after their death
Power Of Attorney
A Power of Attorney allows a capable adult to appoint a person or persons to handle their financial and legal matters in the event they are unable to do so themselves or need assistance. The document also specifies whether these individuals are allowed to act separately or required to act together. Because of the financial authority conveyed, it is critical that the Adult fully understands what powers they are granting with this document and have complete trust in the person they are appointing.
It also allows the Adult to compensate their designated attorney for performing actions on their behalf.
Who should have a Power of Attorney? This document has great value for anyone who:
- Wants to ensure that a trusted person would take care of bill paying, correspondence and financialmanagement in the event of incapacity or absence
- May need assistance with their daily finances now or in the future
- Wants to avoid the very lengthy and expensive process of a court appointed committee should they suddenly become incapable
Representation Agreement
A Representation Agreement appoints a representative, or multiple representatives, to make decisions regarding an individual's health and personal care in the event they are unable to communicate their own wishes. Depending on how the Representation Agreement is prepared, a designated representative's authority can include:
- Routine finances
- Decisions regarding healthcare, personal care, and limited legal affairs
- Refusal or consent to life support treatment and care
- Consent to less common medical
- Consent to treatment the Adult approved while capable but since losing capacity has refused to consent
- Deciding on living arrangements for the Adult including choosing a care facility
We can help determine appropriate scope for specific representative(s).
Who should have a Representation Agreement?
Any adult who wants to ensure that a specfic person or persons are appointed to make decisions for them, especiall if they have no spouse; or no spouse and children, or if their children are in conflict with one another or would not be good decision makers.