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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)
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The types of power of attorney are not mutually exclusive. For example, an enduring power of attorney or a springing power of attorney can be limited to a specific purpose or time period. | The types of power of attorney are not mutually exclusive. For example, an enduring power of attorney or a springing power of attorney can be limited to a specific purpose or time period. | ||
== Are there other options to plan for the future? == | |||
Yes. In BC, an enduring power of attorney is the most common document used to give another person the authority to take care of your financial and legal affairs in the event you become mentally incapable. | Yes. In BC, an enduring power of attorney is the most common document used to give another person the authority to take care of your financial and legal affairs in the event you become mentally incapable. | ||
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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. | 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. | ||
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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. | 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. | 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. | ||
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A lawyer or notary public can guide you on which planning documents best fit your situation. | 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. | 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. | ||