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{{Template:Legal Help Guide TOC}}There are now a number of options for assisting people who have trouble dealing with their financial and personal affairs. Some of these options are:
* '''Power of attorney:''' A power of attorney is a document you (the '''<span class="noglossary">donor</span>''') can sign to give someone else the power to conduct your financial affairs. You have to be mentally capable to give a power of attorney, but you can make the power '''enduring''', so that it is still in effect if you later lose your mental capacity.* '''Representation agreement:''' 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 or managing their health care, can still <span class="noglossary">trust </span> another person and communicate their desire for that person (their '''representative''') to make decisions on their behalf. A <span class="noglossary">representation </span> agreement can authorize a representative to make some or all of a wide variety of decisions on behalf of the <span class="noglossary">donor</span>, such as:
**routine financial decisions,
**health and personal care decisions,
**hiring legal counsel,
**overriding the <span class="noglossary">donor</span>'s refusal of help or medical treatment,**making arrangements for the <span class="noglossary">donor</span>'s minor children.
* '''Committeeship:''' Where a person is not mentally capable of managing his or her affairs, a family member or the Public Trustee can apply to the Supreme Court of BC for an order declaring the person to be mentally incapable and appointing a '''committee''' with the authority to handle financial affairs for them. Once a committee is appointed, the person has no further say about the affairs over which the committee has authority.
=== Power of attorney ===
# Identify an "attorney". This should be someone you <span class="noglossary">trust </span> with your money (for example, a spouse, friend or immediate family member). The word "attorney" as used here does not mean and does not have to be a lawyer.
# Get legal advice or at least review the resources described below:
#* You will want to consider whether to do a "general" power of attorney, or one limited to specific tasks.
=== Representation agreement ===
#The person wanting a <span class="noglossary">representation </span> agreement needs to identify a representative. This needs to be someone they <span class="noglossary">trust</span>, not only with their money, but with other decisions they may wish to include in their <span class="noglossary">representation </span> agreement.#Speak with legal or health care professionals for advice on the contents of a <span class="noglossary">representation </span> agreement.#Draft and sign the <span class="noglossary">representation </span> agreement and have it witnessed. Make 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]].
{{Tipsbox
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| tips = You must be at least 19 years of age to make a <span class="noglossary">representation </span> 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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== 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 </span> with mental competency can withdraw a power of attorney or <span class="noglossary">representation </span> agreement. A committeeship can only be withdrawn by court order.
== 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 and Trustee]]. See their publications, including "It's Your Choice: A Guide to Making a Representation Agreement".
*[[Nidus Personal Planning Resource Centre and Registry]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], [[Private Bar Lawyers|private bar lawyers]].
* The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1044 How can I help a person who cannot manage their own affairs?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1145 What is a "living will" and is one available in BC?]".
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.
{{Template:Legal Help Guide DisclaimerREVIEWED | reviewer = [[Stan Rule]], February 2013}}
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