8,391
edits
Changes
no edit summary
{{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,
**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.
== First steps ==
=== 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 <span class="noglossary">review </span> the resources described below:#* You will want to consider whether to do a "general" power of attorney, or one limited to specific tasks.#* You will also want to consider whether the power should be "enduring" (continuing even if you become mentally incapable).# Draft and sign the power of attorney and have it witnessed. Make a number of certified copies. A lawyer or notary public can certify copies.
If you own real <span class="noglossary">estate</span>, and you wish to give your attorney the power to sell or mortgage your real <span class="noglossary">estate </span> 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.
More information on powers of attorney can be found in the People's Law School publication "[http://www.clicklaw.bc.ca/resource/1019 Power of Attorney].".
=== Representation agreement ===
{{Tipsbox
| width = 60%
| tips = You can also apply for committeeship of a mentally incapable 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 <span class="noglossary">proceeding</span>.
}}
== 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.