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→Changing your will
You can always change your will as long as you’re mentally competent. Actually, you should change your will whenever your financial or personal circumstances change, or if your beneficiaries change (for example, if a beneficiary dies).
You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least two years. Under the former law, when a person got married, the marriage automatically revoked or cancelled their existing will. Under the new ''law, the Wills, Estates and Succession Act '' (the Act) that does not happen.
A gift to a spouse and the appointment of a spouse as an executor are revoked if a person stops being a will-maker’s spouse after a will is made. When do people stop being spouses? Married people and people who have lived in marriage-like relationship for at least two years stop being spouses under the Act when they separate.
You should always see a lawyer when making or changing your will.
==Can you disinherit a family member?==Yes, but the ''Wills, Estates and Succession Act '' lets a court change a will that doesn’t adequately provide for the maintenance and support of the deceased person’s spouse or children. So a court can change your will after you die if it decides that you’ve been unfair or unreasonable toward a spouse or child. However, by consulting a lawyer for estate planning, you may be able to give away your estate in other ways that don’t involve a will. For example, in some cases, an alter ego trust or a joint partner trust may let you avoid probate fees and the effect of the Act.
For more information on wills and estate planning, check scripts [[Making a Will and Estate Planning (Script 176 )|176]] to [[The Disappointed Beneficiary (Script 179)|179]].
===What is a power of attorney? What is an enduring power of attorney?===A power of attorney is a document that appoints another person, called an “attorney,” to make financial and legal decisions for you. An enduring power of attorney lets your attorney make the necessary financial and legal decisions for you if you become mentally incapable because of age, accident or illness. But these documents can’t deal with health care decisions. And if you want your attorney to deal with real estate, then you need the proper ''Land Title Act '' format. There are restrictions on who can be your attorney (for example, caregivers are not eligible), and formal procedures must be followed for signing a power of attorney. A lawyer can help you with this.
For more information, check script [[Power of Attorney and Representation Agreements (Script 180 )|180]] on “Power of Attorney and Representation AgreementsAgreements”.”
===Can you make your own decisions about your health and where to live?===All adults have the right to live as they wish and to accept or refuse support or assistance, as long as they’re capable of making these decisions and don’t harm others. BC’s ''Health Care (Consent) and Care Facility (Admission) Act '' also confirms the right of all adults over 18 to make their own medical and health care decisions.
===What if you become mentally incapable of making your own decisions?===
It’s a good idea to plan for when you may be unable to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a power of attorney. To deal with health and personal decisions, you can make a “representation agreement.” In this, you appoint someone you trust to handle your personal and health decisions if you’re unable to make your own decisions.
If you don’t make a representation agreement, the BC ''Health Care (Consent) and Care Facility (Admission) Act '' says that, if you are mentally disabled, first your spouse, then your adult children, then your nearest relative and then your close friend will make these decisions for you.
But what happens if you become mentally incapable and you haven’t named anyone to make decisions for you, and you don’t have a spouse, children, relative or close friend? The BC Supreme Court can appoint someone to make decisions for you. That person has to apply to the court under the ''Patients Property Act '' to be your “committee.” Often a close friend or relative will apply to be committee. If none of these people apply, and instead, the Public Guardian and Trustee of BC applies (and it usually will in this case), the court can appoint the PGT as committee. Your estate will have to pay a fee to the PGT for its service.
For more information in this area, check the following 2 scripts:
*[[Power of Attorney and Representation Agreements (Script 180)|180 ]] on “Power of Attorney and Representation Agreements”*[[Committeeship (Script 426)|426 ]] on “Committeeship”Also, check the Nidus Personal Planning Resource Centre and Registry.
Also, check the [http://www.nidus.ca/ Nidus Personal Planning Resource Centre and Registry]. ===Should you transfer your home to your child so you can stay in it with them?===
It depends. As people age, they often need help with their daily needs, but may not want to leave the comfort of their own homes. Sometimes, family members or friends will suggest that they move into your home and have you transfer your home to them in exchange for their looking after you. This can often be a good way to get the help you need, while letting the younger family member or friend get a home.
So before you make any such an arrangement, you should see a lawyer experienced in this area to protect your rights.
===How should you protect yourself when lending money to family members?===
Older people often help their children or grandchildren by lending them money, co-signing a bank loan, or giving a personal guarantee. But you could lose a lot of money if you don’t protect yourself by understanding the transaction and getting proper documents signed.
Before you lend money to a friend or family member, make sure you see a lawyer for advice on the best way to protect your loan and your personal liability.
For more information, check script [[Co-Signing or Guaranteeing a Loan (Script 248)|248 ] on “Co-Signing or Guaranteeing a LoanLoan”.”
===Credit cards and bankcards===
If you apply for a credit card and agree to have an extra credit card issued to your spouse or child, you’re responsible for all purchases that person makes with the card. If you let someone else use your credit or bankcard, you’re responsible for paying this off too.