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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:
*Powers '''Power of Attorneyattorney:''' A power of attorney is a document you (the '''donor''') 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 Agreementsagreement:''' A representation agreement is a document prepared for a person (the donor) who, though they may be mentally incapable of making a contract or managing their health care, can still trust another person and communicate their desire for that person (their '''representative''') to make decisions on their behalf.*'''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.
== Powers First steps ===== Power of Attorney attorney ===
If you own real estate, and you wish to give your attorney the power to sell or mortgage your real estate for you, you must sign the power of attorney in front of a lawyer or notary public in the form required by the Land Title Office.
A sample power of attorney can be found in the People’s People's Law School publication “"[http://www.clicklaw.bc.ca/resource/1019 Power of Attorney]”".
=== Representation Agreements agreement ===A '''Representation Agreement''' is a document prepared for a person (the '''Donor''') who, though they may be mentally incapable of making a contract or managing their health care, can still trust another person and communicate their desire for that person (their '''Representative''') to make decisions on their behalf.
A Representation Agreement representation agreement can authorize a Representative representative to make some or all of a wide variety of decisions on behalf of the Donor, such as:*routine financial decisions;,*health and personal care decisions;,*hiring legal counsel;,*overriding the Donor’s donor's refusal of help or medical treatment;,*making arrangements for the Donor’s donor's minor children.
{{Tipsbox
| tips = You must be at least 19 years of age to make a Representation Agreement representation 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.
}}
=== First steps Committeeships ===#Discuss with the person’s person's family doctor to decide if Committeeship committeeship is necessary.#Have the person examined by two medical doctors, who must then swear an Affidavit affidavit (in front of a lawyer or notary public) saying that the person is mentally incapable and provide the reason for the incapacity.#Complete an Affidavit affidavit describing the assets, income, expenses and liabilities of the incapable person and a list of his or her next-of-kin. These documents need to be filed with the application for Committeeship in the BC Supreme Court Registry and copies of them served on the incapable person and the Public Trustee.
#Make the application in court.
== What happens next ==
Once the Power power of Attorneyattorney, Representation Agreement representation agreement or Committeeship committeeship is in place, the attorney, representative or committee—as committee - as the case may be—will be - will have the legal authority described in the document and must act in the utmost good faith in the best interests of the donor.
A donor with mental competency can withdraw a Power power of Attorney attorney or Representation Agreementrepresentation agreement. A Committeeship committeeship can only be withdrawn by Court Ordercourt order.
== Where to get help ==
See the [[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 "It's Your Choice: A Guide to Making a Representation Agreement”Agreement".*[[Nidus Personal Planning Resource Centre and Registry]].*[[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]].* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1044 How can I help a person who cannot manage their own affairs?]" .
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.
{{Tipsbox
| tips = You can also apply for committeeship of a mentally incapable person’s person's personal and medical decisions. This application and the responsibilities that come with it can be complex. You may wish to speak with a lawyer before proceeding.
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