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Common Questions on Powers of Attorney

2,069 bytes added, 20:55, 9 April 2017
What is a power of attorney?
The types of power of attorney are not mutually exclusive. For example, an enduring power of attorney or a springing power of attorney can be limited to a specific purpose or time period.
=== What if you want Are there other options to name someone to make health care decisionsplan for the future? ===
The law sets out who will make health care and treatment decisions for you when you no longer canYes. You can plan ahead by making a '''representation agreement''' that names whoever you want In BC, an enduring power of attorney is the most common document used to give another person the authority to make those decisions, such as a friend, relative, spouse, or adult children. A representation agreement can also cover routine take care of your financial and legal mattersaffairs in the event you become mentally incapable.
But there are other options. * In considering the differences between a power '''representation agreement''', you can name someone of attorney your choice to make decisions for you when you can no longer manage on your own. The person you name as your “representative” can make personal care and health care decisions for you. With a “section 7 representation agreement”, the representative can also be authorized to handle “routine management” of financial affairs and most legal matters. For example, your representative can pay your bills, deposit your pension and other income, purchase food and other personal care services, and make investments for you. However, they can not handle financial matters beyond the routine, such as buy or sell your real estate property or take out a new loan in your name.  * In a '''trust agreement''', you can put all your property and income in a lawyer trust. You can name someone of your choice to be the trustee, and spell out terms of how the property is to be managed. The trust continues if you become incapable, and can even survive death, ensuring your affairs continue to be managed in a way that is consistent with the terms in the trust.  * If your finances are not complicated, a '''pension trusteeship''' can be set up. Let’s say your only source of income is federal income security programs such as Old Age Security and the Canada Pension Plan, and your expenses are just rent, food and utilities. In that case, a capable family member or notary public friend can guide sign up with the income security programs to receive your pension funds as trustee to pay the rent and bills. * If your income is directly deposited into your bank account, you could set up a '''joint bank account''' with a trusted relation or friend. That person could help you with paying bills and making withdrawals. You need to be aware of the risks of a joint bank account. For example, any person named on which documents best fit the joint account is able to withdraw money from the account at any time. As well, note that in many cases, joint bank accounts include the “right of survivorship”. This means that if one of the account holders dies, the surviving account holder becomes the owner of the account. If you become incapable of making decisions independently and you do not have an enduring power of attorney or one of these other planning tools in place, your family may have to go to court to get the legal right to manage your situationaffairs.
== Choosing your attorney ==
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