BC Notaries encourage all adults to learn more about the planning tools available to them now, to avoid having to make dif­ficult decisions while under physi­cal or emotional stress in the fu­ture. One of the most important and caring things you can do for yourself and your loved ones is to prepare in advance for a time when you may not be able to express your own needs and wishes. Expressing and legally docu­menting your preferences and instructions can protect you and your family members from finan­cial abuse and exploitation. Designating health-care deci­sion-makers and documenting instructions can create peace-of-mind, minimize dissension and an­guish among family and friends, 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.

BC Notaries understand the sensitivities and complexities of these planning decisions, and will ensure that your intentions are 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—are two of the greatest gifts you can give them. You want them to be aware of your wishes, to save potential confusion or conflict later on.

 

Concise, legally documented instructions can save costly and time-consuming legal interven­tion in the future.

If you would like to learn more and discuss which tools might be a fit for you, please call or email our office to arrange a free con­sultation appointment.
Consider These Useful Tools.
Power of Attorney
Will
• Deed of Gift
• Advance Directive

Representation Agreement Power of Attorney
A Power of Attorney allows a capable adult to appoint a per­son or persons to handle his or her financial and legal matters in the event the adult is unable to do so in future or needs assistance.
The document also specifies whether these individuals are al­lowed to act separately or if they are required to act to­gether. Because of the financial authority conveyed, it is critical that the adult
• fully understands what pow­ers he or she is granting with this document, and
has complete trust in the per­son he    or she is appointing.

It also allows the adult to com­pensate the designated attorney for performing actions on his or her behalf.
 

Who Should Have a  Powerr of Attorney?
 This document has great value for anyone who wants to ensure a trusted person will take care of bill-paying, correspondence, and financial management in the event of incapacity or absence;
may need assistance with dai­ly finances, now or in the future;
• wants to avoid the very lengthy and expensive process of a court-appointed committee, should he or she suddenly be­come incapable;
• wants to avoid having the Public Guardian and Trustee take over his    or her affairs.

The Will
Wills are a critical tool for out­lining wishes for the distribution of assets, guardianship of minor children, and the designation of an executor who takes care of ad­ministering the estate.
A November 2010 survey found that only 51 % of adults in BC have a Will. Without a Will, the Court determines who the executor will be, and the law decides who is entitled to the estate.
0Who Should Have a Will?l? Adults in BC who
own property, including real estate, vehicles, or other assets;
• have a dependent spouse or children; and
• wish to have someone they know and trust take care of their estate after their death.

The Deed of Gift
This Deed of Gift documents a significant gift to another person during the adult’s lifetime. When prepared and notarized by a BC Notary, the document proves the donor’s intention regarding the gift; that proof may be required to counter “undue influence” or ar­guments after the donor’s death.
It can also be useful in cir­cumstances where a person near death wants to transfer his or her assets or home into joint tenancy
or wants to give a significant sum of money or gift to another per­son prior to death.
0Who Should Consider aa Deed of Gift?
Anyone who wants to transfer an asset as a gift before his or her death.

The Advance Directive
Advance Directives document instructions for doctors, nurses, and other health-care providers about an adult’s future health care.
That ensures the adult’s wishes will be carried out if he or she is unable to express them in the fu­ture.

Who Should Have an Ad­vance Directive?
People who want to ensure their wishes are followed, even if
• their family’s wishes differ from their own;
they have no family who could be appointed as their representa­tive;
• they have concerns that dif­fering opinions among their fam­ily might cause conflict if a deci­sion must be made about where they should live or their end­of-life situation.
The Representation Agree­ment
This document appoints a rep­resentative or multiple representa­tives to make decisions regarding the adult’s health and personal care in the event that he or she is unable to communicate.
Depending on how the Repre­sentation Agreement is prepared, the authority of a designated rep­resentative can include
• routine finances;
decisions regarding health care, personal care, and limited legal affairs;
• refusal or consent to life-sup­port treatment and care;
consent to less common medical procedures and/or treat­ment;
consent to treatment the adult approved while capable but has refused since losing capac­ity;
• decisions for living arrange­ments for the adult, including choosing a care facility.
In preparing the document, a BC Notary can help determine the appropriate scope for the spe­cific representative(s).
0Who Should Have a a Representation Agreement?

Adults who want to ensure that a specific person or persons are appointed to make decisions for them, especially if they have no spouse or no children, or if their children are in conflict with one another or would not be good de­cision-makers.

0 From the BC Notaries

A Canadian Certified Immigra­tion Consultant, Certified Senior Advisor and a Notary Public in the City of Burnaby, Editha Cor­rales Nelson’s preferred areas of practice are Powers of Attorney, Wills Preparation, International Legal Documents, Name Chang­es, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services.

For an ap­pointment, please call: 604-777- 2757. The following should not be construed as providing legal advice and informa­tion in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation. For more information on the subject, contact Editha Corrales Nelson.

< Prev		Next >