8,391
edits
Changes
no edit summary
{{REVIEWEDPLS | reviewer = [[Kevin Smith]] |date= March 2017}}
{{Power of Attorney TOC}}
With an '''enduring power of attorney''', you can name another person to make financial and legal decisions for you, and the appointment continues—or “endures”—in the event you become mentally incapable. Special considerations apply for this type of power of attorney. == What is an enduring power of attorney? allows you to do ==
[[File:Powerofattorneytwowomen.png|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]]
The key difference between an enduring power of attorney and a general power of attorney has to do with when they are in effect. Only an enduring power of attorney can be in effect when you are mentally incapable.
=== Why is it important to have an enduring power of attorney? ===
Suppose you become unable to make decisions because of an accident. If you have an enduring power of attorney, your attorney can make financial and legal decisions on your behalf. If not, the courts may have to decide. Nobody, not even a spouse, has legal authority over an adult’s financial or legal affairs.
{{PLSStorybox
| image = [[File:Headshot_-_Power_of_Attorney_-_George_-_2017-03-16.jpg |link=]]
| text = "My wife Susan is the owner of our second car. If she becomes mentally incapable, I learned I wouldn't have the legal authority to sell the car. So she made an enduring power of attorney appointing me as her attorney. That gives me the legal authority to sell the car if Susan becomes mentally incapable." <br>- – George, Nelson
}}
By making an enduring power of attorney, you can appoint someone else to make decisions regarding your finances and property in case you become mentally incapable. === What does an enduring power of attorney cover? === An enduring power of attorney covers financial and legal decisions. Your attorney cannot make health care or personal care decisions for you, such as consenting to surgery or dental work for you. To appoint someone to make health care or personal care decisions on your behalf, you can make a '''representation agreement'''. An enduring power of attorney may be limited to dealing with specific matters, such as managing a specific bank account. It may also be limited to a specific time period.
=== Who can make an An enduring power of attorney? covers financial and legal decisions===An enduring power of attorney covers financial and legal decisions. This might include paying bills, depositing or withdrawing money from your bank account, investing your money, insuring or selling your car, or selling your home.
{{PLSStorybox
| image = [[File:Headshot_-_Power_of_Attorney_-_Sylvia_-_2017-03-16.jpg|link=]]
| text = "Suffering from Alzheimer’s disease, my client Elizabeth is not able to recall what she owns - her owns—her bank accounts, vehicles, real estate, and so on. She would be considered incapable of making an enduring power of attorney. However, she may still be capable of making a ‘section 7 representation agreement’." <br>- – Sylvia, Lawyer, Kelowna
}}
It is a good idea to go to a lawyer or notary public to make an enduring power of attorney. An enduring power of attorney is a very powerful legal document. A lawyer or notary can help you understand its risks and benefits. They can also take effect at a specified time suggest ways you name in the documentcan create your enduring power of attorney so that it will be both safe and effective. As well, such as when they can help you become incapacitatedunderstand what your attorney can and cannot do. This is known as For example, a '''springing power of lawyer or notary can help you with rules about the gifts, loans and donations an attorney'''can make on your behalf.
=== Is an enduring power of attorney made in one province okay in another? ===
The [http://canlii.ca/t/849l ''Power of Attorney Act''] and the [http://canlii.ca/t/8p5w Regulation] under the Act have some provisions relating to enduring powers of attorney made outside British Columbia. You should ask a lawyer or notary how those provisions affect the enduring power of attorney in your situation.
{{Power of Attorney Navbox}}