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Difference between revisions of "Common Questions on Powers of Attorney"
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Common Questions on Powers of Attorney (view source)
Revision as of 20:59, 9 April 2017
, 20:59, 9 April 2017→What is a power of attorney?
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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 affairs. | 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 affairs. | ||
=== What about health care decisions? === | |||
A power of attorney deals '''only''' with your financial and legal affairs. It does not enable your attorney to make decisions about your personal care and health care. For example, a power of attorney would not allow your attorney to consent to health care on your behalf or to make decisions about where or with whom you will live. | |||
Under BC law, if you want to have someone of your choice make decisions about your personal care and health care when you no longer can, you can make a representation agreement. In a '''representation agreement''', you name whoever you want - such as a friend, relative, spouse, or adult child - to make personal and health care decisions for you, or assist you in making decisions, if you become incapable of making decisions on your own. | |||
Another option to be aware of is an '''advance directive'''. In an advance directive, you can write instructions to your health care provider about what kind of health care treatment you want and don’t want, including life support or life-prolonging medical interventions. No one will be asked to make a decision for you when the advance directive applies. | |||
=== Legal capacity requirements === | |||
In considering the various planning options, a key factor to be aware of is that there are different '''legal capacity''' requirements. Legal capacity refers to a person’s ability to make binding decisions or agreements. | |||
Someone who doesn’t have sufficient legal capacity to make an enduring power of attorney may still be able to make a representation agreement. A person can make a section 7 representation agreement even if they cannot manage their routine financial affairs or look after their daily needs. This makes a section 7 representation agreement a very useful “last resort’’ document when someone has not made any other planning documents and they are starting to lose their capacity. | |||
A lawyer or notary public can guide you on which planning documents best fit your situation. | |||
=== You can still make decisions === | |||
Having a power of attorney does not remove your decision-making rights. Decision making is not given away; it is shared between you and the attorney whenever possible. Your attorney cannot override a decision made by you while you are capable. Your attorney has a legal duty, to the extent reasonable, to foster your independence and encourage your involvement in any decision-making that affects you. | |||
== Choosing your attorney == | == Choosing your attorney == | ||