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I Want to Help a Friend or Relative Manage Their Affairs

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{{Template:Legal Help Guide TOC}}There are now a number of options for assisting people who have trouble dealing not made personal planning documents in advance, and need help now to deal with their financial , legal, health and /or personal affairs. Some of these options are:*'''Power of attorney:''' A power of attorney If the person is a document you (considered mentally capable, see the ''<span class="noglossary">donor</span>'') can sign to give someone else options in the power question [[I want to conduct your financial get my affairsin order in case I become incapable]]. You have to be mentally capable If the person needs help with making decisions due to give a power condition that has affected their mental capability, some of attorney, but you can make the power ''enduring'', so that it is still in effect if you later lose your mental capacity.options are:*'''Representation agreementAgreement Section 7 (RA7):''' A <span class="noglossary">representation</span> agreement is a document prepared for a person (the <span class="noglossary">donor</span>) who, though they may be mentally incapable of making a contract The RA7 would allow your friend or managing their health care, can still <span class="noglossary">trust</span> another person and communicate their desire for that person (their ''representative'') relative to make decisions on their behalf. A <span class="noglossary">representation</span> agreement can authorize a representative appoint one or more representatives to make some or all of a wide variety of decisions on behalf of assist in making the <span class="noglossary">donor</span>, such asfollowing:**routine financial decisions,(e.g. managing pension deposits and paying bills) **health and personal care legal decisions,(e.g. hiring a lawyer)**hiring legal counselhealth care decisions (e.g. medications,**overriding the <span class="noglossary">donor</span>'s refusal of help or medical treatmenttests, anddental visits)**making personal care decisions (e.g. living arrangements for the <span class="noglossary">donor</span>'s minor children., exercise)*'''Committeeship:''' Where a person Committeeship is not mentally capable of managing his or her affairs, a family member or the Public Trustee can formal procedure to apply to the Supreme Court of BC for an order declaring adult guardianship, where the person to be adult is declared mentally incapable incompetent and appointing a ''"committee'' with the authority " is appointed by BC Supreme Court to handle financial manage their affairs for them. Once Committeeship removes the adult's decision-making ability and is a committee is appointed, the person has no further say about the affairs over which the committee has authority'last resort' option.
== First steps ==
=== Power of attorney === #Identify an ''attorney''. This should be someone you <span class="noglossary">trust</span> with your money Representation Agreement Section 7 (for example, a spouse, friend or immediate family memberRA7). The word ''attorney'' as used here does not mean and does not have to be a lawyer.#Get legal advice or at least <span class="noglossary">review</span> the resources described below:#*You will want to consider whether to do a ''general'' power of attorney, or one limited to specific tasks.#*You will also want to consider whether the power should be ''enduring'' (continuing even if you become mentally incapable).#Draft and sign the power of attorney and have it witnessed. Make a number of certified copies. A lawyer or notary public can certify copies. If you own real <span class="noglossary">estate</span>, and you wish to give your attorney the power to sell or mortgage your real <span class="noglossary">estate</span> for you, you must sign the power of attorney in front of a lawyer or notary public in the form required by the Land Title Office. More information on powers of attorney can be found in the People's Law School publication "[http://www.clicklaw.bc.ca/resource/1019 Power of Attorney]."
=== Representation agreement === #The person wanting a <span class="noglossary">representation<See the publication [http://span> agreement needs to identify a representativewww.clicklaw.bc. This needs to be someone they <span class="noglossary">trust<ca/resource/span>, not only with their money, but with other decisions they may wish 2364 Representation Agreement Overview] to include in their <span class="noglossary">representation</span> agreementconsider the options and help you determine if an RA7 is the right choice.#Speak with legal or health care professionals for advice on Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the contents of a <span class="noglossary">representation</span> agreement.#Draft and sign Make a Representation Agreement. See the <span class="noglossary">representation<resource [http:/span> agreement /www.clicklaw.bc.ca/resource/2493 Legal forms for Representation Agreements] which contain guidance and have it witnessedstandard forms for different types of Representation Agreements. Make You can also get help from a number of certified copies. A lawyer or notary public can certify copies.  Self-help kits for <span class="noglossary">representation</span> agreements can be purchased for $75 from [[Nidus Personal Planning Resource Centre and Registry]]who is familiar with drafting personal planning documents.
{{Tipsbox
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| tips = You must be at least 19 years of age to make a <span class="noglossary">representation</span> agreement Representation Agreement in British Columbia. You must also be at least 19 to make a will, unless you are or have been married or you are an active member of the armed forces or a mariner at sea.
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=== Committeeship ===
#Discuss with the person's family doctor to decide if committeeship is necessary.
#Have the person examined by two medical doctors, who must then swear an affidavit (in front of a lawyer or notary public) saying that the person is mentally incapable and provide the reason for the incapacity.
#Complete an affidavit describing the assets, income, expenses and liabilities of the incapable person and a list of his or her next-of-kin. These documents need to be filed with the application for committeeship in the BC Supreme Court registry and copies of them served on the incapable person and the Public Trustee.
#Make the application in court.
 
{{Tipsbox
| width = 60%
| tips = You can also apply for committeeship of a mentally incapable person's personal and medical decisions. This application and the responsibilities that come with it can be complex. You may wish to speak with a lawyer before <span class="noglossary">proceeding</span>.
}}
 
== What happens next ==
Once the power of attorney, <span class="noglossary">representation</span> agreement or committeeship is in place, the attorney, representative or committee — as the case may be — will have the legal authority described in the document and must act in the utmost good faith in the best interests of the <span class="noglossary">donor</span>.
A <span class="noglossary">donor<#See the publications [http:/span> /www.clicklaw.bc.ca/resource/1468 Committeeship] and the [http://www.clicklaw.bc.ca/resource/2175 Private Committee Handbook] for more information.#Consult with mental competency can withdraw a power of attorney or <span class="noglossary">representation</span> agreement. A committeeship can only be withdrawn by court orderlawyer about the procedures to apply to Supreme Court, which include obtaining sworn statements (affidavits) from two doctors licensed to practice in BC.
== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[[Public Guardian http://nidus.ca/ Nidus Personal Planning Resource Centre and TrusteeRegistry]: Free [http://www.nidus.ca/?page_id=12009 DIY RA7 forms], [http://www.nidus. See their publicationsca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), including "It's Your Choice[http://www.nidus.ca/?page_id=220 webinars]**[http: A //www.clicklaw.bc.ca/resource/2518 The Nidus Guide to Making Personal Planning: Stay in Charge of Your Life] – this resource provides a Representation Agreementgood introduction and overview of the personal planning documents available in BC."**[[http://www.clicklaw.bc.ca/resource/2543 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre . The Registry lets you store your personal planning information, copies of your completed document(s), and Registry]]other important documents like wills.*[[Access Pro Bonohttp://www.clicklaw.bc.ca/resource/1734 LSLAP Manual on Guardianship]], [[Lawyer Referral Service]], [[Private Bar Lawyers|private bar lawyers]].– by UBC Law Student Legal Advice Program* The Clicklaw common questions "[http://www.clicklaw.bc.ca/questionhelpmap/commonquestionservice/1044 How can I help a person who cannot manage their own affairs?1040 Access Pro Bono]" and ", [http://www.clicklaw.bc.ca/questionhelpmap/commonquestionservice/1145 What is a 'living will' and is one available in BC?1044 Lawyer Referral Service]" , private bar lawyers.
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
{{REVIEWED | reviewer = [[Stan RuleAudrey Jun]], February 2013September 2015}}
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