Anonymous

Difference between revisions of "Older People and the Law"

From Clicklaw Wikibooks

Older People and the Law (view source)

Revision as of 22:21, 22 April 2022

10,182 bytes removed ,  22:21, 22 April 2022
no edit summary
Line 109: Line 109:
* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLinkBC] is a toll-free, confidential phone service that can put victims of abuse in touch with counselling and other supports. Call 1-800-563-0808 anytime, 24x7.
* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLinkBC] is a toll-free, confidential phone service that can put victims of abuse in touch with counselling and other supports. Call 1-800-563-0808 anytime, 24x7.


==Wills and planning for your future care==
[[File:Learning about the law wills.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]


At any age, it’s important to put your affairs in order in case something drastic happens to you. But this becomes especially important as you get older.


For most people, making a '''will''' is a critical step to plan for their passing. And there are documents to consider putting in place in case you get sick or become mentally incapable. These include a '''power of attorney''' and a '''representation agreement'''.


===Making a will===
A '''will''' is a legal document that sets out what will happen after you die to (most of) your property and any minor children. (A will doesn't cover property you own jointly with other people or accounts where you've named a '''beneficiary'''.)


A will is not the same as a '''power of attorney'''. A power of attorney sets out your instructions for dealing with your financial and legal affairs ''while you are alive''. (See the next section about powers of attorney.)


In your will, you need to name someone to be your '''executor'''. This is the person who carries out the instructions in your will. The executor of your will is not automatically the same person as your power of attorney unless you appoint the same person as your executor and as your attorney.


Most people ask a family member or close friend to be their executor. You can also ask a lawyer or private trust company. You should name a backup executor in case the person you choose isn't able or willing to do the job at the time. Then the backup can take over.


===Old Age Security===
You can cancel a will and make a new one any time, as long as you are mentally capable.


The Old Age Security (OAS) provides pension benefits to citizens and legal residents of Canada who have lived in the country for 10 or more years as an adult (after turning 18). The Guaranteed Income Supplement (GIS) is an additional monthly benefit paid to Canadian residents who receive Old Age Security pension and have little or no other income.  
People’s Law School explains what’s involved in [https://www.peopleslawschool.ca/preparing-will/ preparing your will].


Apply for Old Age Security benefits six months before you turn 65. For help in making an <span class="noglossary">application</span>, <span class="noglossary">contact</span> your local Service Canada office, or agencies that help seniors in your community.
===Making a power of attorney===
A '''power of attorney''' is a legal document that names another person to be your '''attorney'''. An attorney is someone you trust to manage your financial and legal matters while you are alive. This might include paying bills, depositing money in your bank account, investing your money, or selling your home. They can’t make health care decisions for you.  


===Canada Pension Plan ===
(The word attorney does not refer to a lawyer. It refers to the person you choose to manage your affairs under the power of attorney.)


The Canada Pension Plan (CPP) provides income to working Canadians after they retire. The amount of pension income you receive depends on the amount you paid in to the fund from your wages over the years you worked in Canada.  
You must be '''mentally capable''' when you sign a power of attorney. This means you must understand what you are doing and what might happen as a result.


You receive CPP retirement benefits, which is a monthly cheque mailed to you or deposited directly into your bank <span class="noglossary">account</span>, if you have contributed and:
The person you name as your attorney must act in your best interests and follow your wishes.  
*you are 60-64 years old and have stopped working or have a low income, or
*you are 65 years or older.  


In Canada, people have a right to keep working after age 65.  
You can still handle your own affairs after you appoint an attorney. You can also '''revoke''' (that is, cancel) a power of attorney at any time and make a new one with a different attorney, as long as you are mentally capable.  


If you work past age 65, you can be receiving CPP benefits at the same time.  
===Choosing an attorney===
Choosing your attorney is an important decision, and it's not always easy. Most people ask a trusted friend, a relative, or a lawyer to be their attorney. Key considerations include choosing someone you trust, who understands the responsibilities involved, and who ensures your needs — not theirs — come first.


You can also continue paying in to CPP until age 70; this will increase the amount you receive in retirement benefits.  
You can have one or two people act as your attorney. The people who act as your attorney can act together, or one or the other attorney can be named as an '''alternate''' (a backup). This will help make sure your wishes are followed.


CPP gives pension benefits to people who are not able to work because they had an accident, were injured or became ill. This is called a <span class="noglossary">disability</span> pension. If a worker dies, CPP has benefits for the family.
====There are different types of power of attorney====
[[File:Elderly single man headshot.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]]


===How do I apply? ===
There are different types of power of attorney. Which one you choose depends on your needs.
* '''General power of attorney'''. You appoint an attorney to manage your financial and legal affairs, but the appointment ends if you become mentally incapable.
* '''Enduring power of attorney'''. You appoint an attorney to manage your financial and legal affairs, and the appointment continues — or “endures” — in the event you become mentally incapable. 
* '''Limited power of attorney'''. You give someone the power to do certain things only. You say exactly what action your attorney can take. For example, if you are travelling in another country, you might give your attorney the power to do your banking while you are away.


To apply for OAS, the GIC supplement, CPP benefits and for more information on federal government programs, <span class="noglossary">contact</span>:
===If you have worries about your attorney===
Your attorney has a duty to act in your best interests and to follow your wishes. But some attorneys misuse their power. They might take funds out of your bank account without your permission. Or sell what you own and use the money for themselves. This is financial abuse and sadly it happens often, especially to older people.


:'''Service Canada'''
If you are worried about financial abuse, you can contact the places listed above under elder abuse. Also see the options for legal help listed in the [[Find Out More in Learning about the Law|Find Out More]] section.
:For service in English: 1-800-277-9914
:For service in French: 1-800-277-9915
:Hearing or speech impairment: 1-800-255-4786
:Website: [http://www.servicecanada.gc.ca www.servicecanada.gc.ca]


Have your Social Insurance Number ready when you call.
===Making a representation agreement===
[[File:Showing elderly woman paper.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]]


===International benefits===
A '''representation agreement''' is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your '''representative'''.


If you have lived and worked in another country, you may be eligible for social security benefits, either from that country or from Canada.  
There are two types of representation agreement. A '''standard representation agreement''' gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care.


For information on how to apply for international benefits, <span class="noglossary">contact</span>:
Even if someone is not mentally capable of managing their own affairs, they may be able to make a standard representation agreement. To do so, they need to understand what they’re agreeing to and what effect it will have on them.


:'''International Benefits Program'''  
An '''enhanced representation agreement''' gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life.
:Telephone: 1-613-957-1954
:Fax: 1-613-952-8901
:Toll-free in Canada and the United States: 1-800-454-8731
:TTY in Canada and the United States: 1-800-255-4786


Always have your Social Insurance Number ready when you call.
To make an enhanced representation agreement, you need to have full mental capacity.


==Power of attorney ==
In choosing a representative, it’s important to choose someone you know well and trust. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself.


A ''power of attorney'' (POA) is a legal document that names another person, called the "attorney," to manage your financial, business and legal matters for you, but ''not'' health care decisions. The person who gives the power of attorney to someone is called a ''<span class="noglossary">donor</span>''.
People’s Law School has more on [https://www.peopleslawschool.ca/understand-representation-agreements/ representation agreements].


:'''Note''': In this section, the word "attorney" does not refer to a lawyer. It refers to someone who has power of attorney.  
===Making an advance directive===
In an '''advance directive''', you can write instructions to your representative or to your doctor about what kind of health care you want and don’t want if you have a serious medical condition.  


The person you name as your attorney must <span class="noglossary">act</span> in the way you have instructed. It is important for the attorney to understand their duties and responsibilities. It may be a crime under the ''[http://canlii.ca/t/7vf2 Criminal Code]'' if an attorney fails to carry out their duties.  
Advance directives don’t cover personal care or financial affairs. They apply only to future health care and often deal with end-of-life decisions. Some people use the term '''living will''' when talking about an advance directive.


===Who should I choose? ===
Instructions in your advance directive can be general statements such as ''"I don't want to be connected to machines to stay alive."'' Or they can be specific statements such as: ''“I don't want to receive donated blood.”''


You should choose a trusted friend, a relative or your lawyer to <span class="noglossary">act</span> for you. You can have one or two people <span class="noglossary">act</span> as your attorney(s).  The people who <span class="noglossary">act</span> as your attorney(s) can <span class="noglossary">act</span> together, or one or the other attorney can be named as an ''alternate''. This will help make sure your wishes are followed.
An advance directive ensures that your wishes are followed even if you are not able to speak for yourself due to an injury or illness.   


Choose your attorney very carefully and ask for a regular report on how they manage your finances or business.  
You have to be mentally capable to make an advance directive.  


You can still handle your own affairs after you appoint an attorney or attorney(s). You can cancel (revoke) an old power of attorney at any time and make a new one with different attorney(s).
People’s Law School explains what’s involved in [https://www.peopleslawschool.ca/prepare-advance-directive/ preparing an advance directive].


===Four different types of power of attorney ===
===Know what you're signing===
Signing a legal document means you agree to everything written in it. The document becomes legally binding.


There are four different types of power of attorney.  
Don’t be pressured into signing any legal document. And don’t sign anything you don’t understand. Take your time. If you have any questions, talk with a lawyer or a trusted friend.  


Which one you choose depends on your needs.
{{REVIEWED | reviewer = [[People's Law School]], 2022}}
#regular power of attorney,
#enduring power of attorney,
#springing power of attorney, and
#limited power of attorney.
 
====Regular power of attorney ====
[[File:Elderly single man headshot.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
 
In a regular POA, the power you give an attorney may be ''specific'' or general.
 
When you give a specific power of attorney, it means you give this person the power to do certain things only. For example, you may want them to do your banking when you’re out of town on vacation.
 
When you give a general power of attorney, it means you give this person the power to manage all your financial and legal affairs. They are to follow your wishes and instructions.
 
A regular power of attorney ends if you become ''mentally incapable''. Mentally incapable is a legal term that means not being able to understand what you are doing and what might happen as a result.
 
You can be incapable in one area of <span class="noglossary">decision</span>-making, yet still be able to manage your life in other areas. For example, you may be able to decide where to live and what kind of health services you want, but not be able to manage your finances.
 
People can make bad decisions and not be mentally incapable. The test is whether they understand what they are doing.
 
====Enduring power of attorney ====
 
An ''enduring power of attorney'' continues if you become mentally incapable.
 
You can cancel your enduring power of attorney at any time while you are mentally capable.
 
You cannot cancel an enduring power of attorney if you are mentally incapable.
 
The attorney must follow your instructions. The attorney must act in your best interests and consider what your wishes would be.
 
In your enduring power of attorney you say when you want it to start. You may want it to start right away. Or you may want it to start ''only'' if you become mentally incapable. (In this <span class="noglossary">case</span>, it becomes a ''springing power of attorney'', which is discussed next.)
 
====Springing power of attorney ====
 
A springing POA comes into effect only when a specific event happens. An event might be if you have a car accident, or become ill, or become mentally incapable.
 
A springing power of attorney must say:
*what event will start it, and
*how people will know without a doubt that the event has happened.
 
====Limited power of attorney ====
In a ''limited power of attorney'', you say exactly what <span class="noglossary">action</span> your attorney can take, and put a time limit on when the power of attorney ends.
 
For example, suppose you are travelling in another country, and you need someone to go to the bank in person to move some funds. You can give your attorney permission to do this and set a time limit. For example, the attorney must move the funds within five days of the start of a new month.
 
A limited POA ends when the <span class="noglossary">action</span> is completed or when the time limit has passed.
 
===If you have worries about your attorney ===
 
Attorney(s) have a duty to act in your best interests and follow your wishes. But some attorneys ''misuse'' their power. They might take funds out of your bank <span class="noglossary">account</span> without your permission. Or they might sell what you own and use the money for themselves. This is financial abuse and it happens to many people, especially seniors.
 
If you are worried about your power of attorney agreement or want to name someone else as your attorney, you can end the agreement as long as you are mentally capable.
 
Talk to a lawyer for help and advice, or <span class="noglossary">contact</span> one of the agencies listed at the end of the [[Find Out More in Learning about the Law|Find Out More]] section.
 
==Joint bank accounts ==
 
A joint bank <span class="noglossary">account</span> is held by two or more people. Any person whose name is on the joint bank <span class="noglossary">account</span> can put money into the bank <span class="noglossary">account</span> and take money out of the bank <span class="noglossary">account</span>.
 
Sometimes people put their bank <span class="noglossary">account</span> into joint names with a friend or relative so that the other person can help with banking, shopping and taking out cash for spending. But any person named on the <span class="noglossary">account</span> can use all of the funds as their own and take out all the money. So joint accounts can be dangerous.
 
As a safer option, you can apply to have your bank pay monthly bills from your <span class="noglossary">account</span> for you. You can also ask the government to have your pension and other cheques deposited directly into your bank <span class="noglossary">account</span>. The bank will send you a monthly statement so that you know all the activity in your <span class="noglossary">account</span>. There might be a small cost, but many banks have low or no fees for services to seniors.
 
You can also open a second, smaller bank <span class="noglossary">account</span>. You can ask the bank to regularly move funds from your main <span class="noglossary">account</span> into the second <span class="noglossary">account</span> to pay for what you need each month. The person who is helping you with banking and shopping can withdraw money from this <span class="noglossary">account</span> but not the main <span class="noglossary">account</span>. The main <span class="noglossary">account</span> stays in your name only.
 
Talk to your bank manager for more ideas on keeping your money safe.
 
==Representation agreements ==
[[File:Showing elderly woman paper.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
 
A <span class="noglossary">representation</span> agreement allows the person you name as your representative to make personal and health care decisions for you.
 
There are two types of <span class="noglossary">representation</span> agreements:
*standard <span class="noglossary">representation</span> agreements, and
*enhanced <span class="noglossary">representation</span> agreements.
 
''Standard <span class="noglossary">representation</span> agreements'' give limited authority to the representative you name to make some health and routine financial decisions for you.
 
Standard <span class="noglossary">representation</span> agreements do not allow a representative to make decisions about end-of-life care.
 
If you are incapable of entering into a contract or managing your affairs, you can make a standard <span class="noglossary">representation</span> agreement as long as you can express your wishes, and you understand the effects of a <span class="noglossary">representation</span> agreement.
 
''Enhanced <span class="noglossary">representation</span> agreements'' give more responsibility to your representative over health care and personal decisions. Your representative might even decide if you will or will not receive medical services necessary to continue life.
 
To make an enhanced <span class="noglossary">representation</span> agreement, you need to have full mental capacity. Under an enhanced <span class="noglossary">representation</span> agreement, the representative has no authority over financial decisions.
 
===Who should I choose to be my representative? ===
 
Choose someone you know well and <span class="noglossary">trust</span>. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself.
 
==Advance directives ==
 
In an <span class="noglossary">advance</span> directive you can write instructions to your representative or to your doctor about what kind of health care you want and don’t want if you have a serious medical condition.
 
Advance directives often deal with end-of-life decisions. Some people use the term "living will" when talking about an <span class="noglossary">advance</span> directive.
 
Instructions in your <span class="noglossary">advance</span> directive can be:
*general statements such as: I don't want to be connected to machines to stay alive, or
*specific statements such as: I don't want to receive donated blood.
 
An <span class="noglossary">advance</span> directive ensures that your wishes are followed even if you are not able to speak for yourself due to an injury or illness. Keep your <span class="noglossary">advance</span> directive updated. For example, there might be improvements in medicine you wish to consider.
 
A possible difficulty with <span class="noglossary">advance</span> directives is that your wishes may change over time. Remember to renew and update your <span class="noglossary">advance</span> directive from time to time.
 
==Protecting yourself and your money ==
 
When you are a senior, sometimes people try to take advantage of you. It is important to protect yourself and your money.
 
Criminals use a variety of methods to trick people and take their money. Older people are often the target of these criminal tricks.
 
Sometimes the criminals take money. Other times, they use your personal information to <span class="noglossary">access</span> your bank accounts or run up debts in your name. This is called identity theft, which means taking your personal information and using your identity.
 
Be careful with your personal information, which includes your name, address, phone number and date of birth. Be careful when throwing away credit card statements and grocery receipts. Tear the receipts up or put them through a paper shredder, as criminals may go through the trash and use the statements and receipts to find information about you.
 
Never give out your Canada Social Insurance Number, credit card numbers, or bank <span class="noglossary">account</span> information to someone you don’t know and <span class="noglossary">trust</span>. Keep your passwords and bank cards separate.
 
If you write down your passwords, make sure you store the password in a safe place. Don’t keep passwords in your wallet. Never give out personal information on the telephone or by email. If someone is asking questions they may be trying to learn your personal information.
 
A bank will never ask for personal information or passwords over the phone unless you call them and the bank asks you to prove your identity. A bank will never email you and ask for your passwords or the numbers for debit or credit cards.
 
Phone calls saying you have won a vacation, or money, and asking you to enter in your phone number are not real contests. It is not safe to give these callers your personal information.
 
If you have caller ID on your phone, you can look to see if the number belongs to someone you know. If the number is not familiar, you can let the phone ring and ignore the call.
 
You can also register for the National Do Not Call List to reduce calls from people and companies trying to sell you things. Visit [http://www.lnnte-dncl.gc.ca/index-eng www.lnnte-dncl.gc.ca/index-eng] for more information on how to register a phone number for the National Do Not Call List.
 
If you have a problem, see the resources listed in the [[Find Out More in Learning about the Law|Find Out More]] section. Remember, if an offer sounds too good to be true, it usually is.
 
==Know what you're signing ==
 
Talk to a legal advisor or a lawyer before you sign any legal documents.
*Signing a document means you agree to everything that’s written in the document.
*Don’t sign anything that you don’t understand.
 
==Wills and estates ==
[[File:Stock will and testament.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
 
Everything you own at the time of your death is called your estate. Homes, bank accounts, investment accounts, jewelry and cars can all be part of your estate. If you have debt when you die, what you owe is part of your estate.
 
A ''will'' is a written legal document that contains your instructions about what happens to your estate after you die.
 
A will is not the same as a power of attorney. A power of attorney deals with your instructions about what happens to your affairs while you are alive.
 
You need to name someone as executor of the estate. This is the person who follows the instructions in your will. You should also name a second person in case the first executor cannot act as executor.
 
The executor can be a trusted friend, relative, lawyer or company. Your executor is ''not'' automatically your attorney unless you appoint the same person as executor and as your attorney under a power of attorney.
 
You can cancel an old will and make a new one, as long as you are mentally capable.
 
==Elder abuse ==
 
Elder abuse is mistreatment that results in harm or loss to an older person. Elder abuse falls into a number of different categories:
 
*'''Physical abuse''': using physical force against an older adult.
*'''Financial abuse''': misusing an older adult’s money or property. It includes forcing an older adult to sign a document.
*'''Neglect''': the person is not being kept clean and safe.
*'''Sexual abuse''': forced sexual <span class="noglossary">contact</span> of any kind.
*'''Psychological or emotional abuse''': any actions that cause mental and emotional harm. It includes threats, verbal abuse, non-verbal abuse and humiliation.
 
===What are some signs of abuse? ===
 
Here are some signs that abuse may be happening:
*'''Physical abuse:''' bruising and injuries that cannot be explained.
*'''Psychological or emotional abuse:''' showing a high level of anxiety or distress.
*'''Financial abuse:''' large unexplained withdrawals from bank accounts.
*'''Neglect or self-neglect:''' lack of bathing, unclean living conditions, and lack of health aids such as dentures or glasses.
 
Different types of abuse often occur at the same time. For example, a victim of physical abuse may also be a victim of psychological or emotional abuse.
 
 
{{REVIEWED | reviewer = [[People's Law School]], 2013}}


{{Learning about the Law Wikibook Navbox}}
{{Learning about the Law Wikibook Navbox}}
Line 363: Line 201:
|author =  
|author =  
}}
}}
__NOGLOSSARY__
Elena Renderos
2,553

edits

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/51537"