Power of Attorney Questions & Answers - Revision history

Drew Jackson: /* What if you think the change was the result of fraud or abuse? */

2018-03-23T13:49:13Z

What if you think the change was the result of fraud or abuse?

← Older revision		Revision as of 13:49, 23 March 2018
Line 37:		Line 37:
	You can make a report to the Public Guardian and Trustee by completing and filing [http://www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx a referral form].		You can make a report to the Public Guardian and Trustee by completing and filing [http://www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx a referral form].

	If you have concerns that Martina may be the victim of abuse, you can call the Seniors Abuse and Information Line. They can offer advice, support and possibly legal representation. See the ~~“Where~~ to Get ~~Help”~~ section for contact details.		If you have concerns that Martina may be the victim of abuse, you can call the Seniors Abuse and Information Line. They can offer advice, support and possibly legal representation. See the “[[Where to Get Help for Managing Someone Else's Money\|Where to Get Help]]” section for contact details.

	You can also ask an agency designated under [http://canlii.ca/t/84gj the law] in BC to investigate her situation. The [http://www.trustee.bc.ca/Documents/designated-agency-responders/Designated_Agencies_Contacts.pdf provincial health authorities] are designated agencies. The agency will investigate and offer support to Martina or take steps to protect her.		You can also ask an agency designated under [http://canlii.ca/t/84gj the law] in BC to investigate her situation. The [http://www.trustee.bc.ca/Documents/designated-agency-responders/Designated_Agencies_Contacts.pdf provincial health authorities] are designated agencies. The agency will investigate and offer support to Martina or take steps to protect her.

Drew Jackson: /* On what matters does the attorney have authority? */

2018-03-23T13:32:01Z

On what matters does the attorney have authority?

← Older revision		Revision as of 13:32, 23 March 2018
Line 16:		Line 16:

	For health care and personal care decisions, Martina could make a '''representation agreement''' to name someone (a “representative”) to make decisions for her if she can no longer manage on her own.		For health care and personal care decisions, Martina could make a '''representation agreement''' to name someone (a “representative”) to make decisions for her if she can no longer manage on her own.
	There is a type of representation agreement that covers “routine” financial affairs and most legal matters, in addition to personal care and health care decisions. This guide doesn’t cover representation agreements. If you want more information about this option for personal planning, see the Nidus website at [http://www.nidus.ca www.nidus.ca].		There is a type of representation agreement that covers “routine” financial affairs and most legal matters, in addition to personal care and health care decisions. This guide doesn’t cover representation agreements. If you want more information about this option for personal planning, see the Nidus Personal Planning Resource Centre website at [http://www.nidus.ca www.nidus.ca].

	==Can Martina still manage her own affairs after signing a power of attorney?==		==Can Martina still manage her own affairs after signing a power of attorney?==

Drew Jackson at 01:32, 23 March 2018

2018-03-23T01:32:18Z

← Older revision		Revision as of 01:32, 23 March 2018
Line 6:		Line 6:
	You are called the '''attorney''' or '''agent'''.		You are called the '''attorney''' or '''agent'''.

	A power of attorney can ~~also~~ come into effect when something happens to trigger it. This is called a '''springing power of attorney'''. Martina can appoint you to act on her behalf if the triggering event happens. The triggering event can be if Martina becomes mentally incapable. For example, the appointment can come into effect “when two physicians have determined that I am no longer capable of managing my affairs”. Such a springing power of attorney is not active '''until''' Martina is incapable.		A special type of power of attorney can come into effect when something happens to trigger it. This is called a '''springing power of attorney'''. Martina can appoint you to act on her behalf if the triggering event happens. The triggering event can be if Martina becomes mentally incapable. For example, the appointment can come into effect “when two physicians have determined that I am no longer capable of managing my affairs”. Such a springing power of attorney is not active '''until''' Martina is incapable.

	For more on the types of power of attorney, see the People's Law School publication ''[[Power of Attorney]]''.		For more on the types of power of attorney, see the People's Law School publication ''[[Power of Attorney]]''.

Drew Jackson: /* When do your responsibilities as attorney end? */

2018-03-21T20:00:44Z

When do your responsibilities as attorney end?

← Older revision		Revision as of 20:00, 21 March 2018
Line 45:		Line 45:

	If Martina revokes your authority to act as her attorney, your responsibilities end.		If Martina revokes your authority to act as her attorney, your responsibilities end.

			If a court names someone as Martina’s “committee” because she is incapable and requires assistance, your authority as attorney ends.

			If the [http://www.trustee.bc.ca/ Public Guardian and Trustee] is named as Martina’s “statutory property guardian”, your authority as attorney is suspended. The Public Guardian and Trustee will determine whether they should take over and end the power of attorney, or whether you should continue to act.

	As well, your authority as Martina’s attorney ends when she dies. Any executor under a will would then take over. If there is no will, a court can appoint someone to administer her estate.		As well, your authority as Martina’s attorney ends when she dies. Any executor under a will would then take over. If there is no will, a court can appoint someone to administer her estate.
Line 55:		Line 59:
	*you are convicted of a crime in which Martina is a victim		*you are convicted of a crime in which Martina is a victim
	*you die		*you die

	~~If a court names someone as Martina’s “committee” because she is incapable and requires assistance, your authority as attorney ends.~~

	If the [http://www.trustee.bc.ca/ Public Guardian and Trustee] is named as Martina’s “statutory property guardian”, your authority as attorney is suspended. The Public Guardian and Trustee will determine whether they should take over and end the power of attorney, or whether you should continue to act.

	{{PLSTipsbox		{{PLSTipsbox

Drew Jackson at 16:59, 20 March 2018

2018-03-20T16:59:29Z

← Older revision		Revision as of 16:59, 20 March 2018
Line 32:		Line 32:

	You can make a report to the Public Guardian and Trustee if you believe that:		You can make a report to the Public Guardian and Trustee if you believe that:
	* an adult was incapable of revoking an enduring power of attorney, or		*an adult was incapable of revoking an enduring power of attorney, or
	* fraud, undue pressure or some other form of abuse was used to cause an adult to revoke an enduring power of attorney.		*fraud, undue pressure or some other form of abuse was used to cause an adult to revoke an enduring power of attorney.

	You can make a report to the Public Guardian and Trustee by completing and filing [http://www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx a referral form].		You can make a report to the Public Guardian and Trustee by completing and filing [http://www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx a referral form].
Line 51:		Line 51:

	Your authority as attorney also comes to an end in any of these situations:		Your authority as attorney also comes to an end in any of these situations:
	* you become incapable		*you become incapable
	* you are bankrupt		*you are bankrupt
	* you are convicted of a crime in which Martina is a victim		*you are convicted of a crime in which Martina is a victim
	* you die		*you die

	If a court names someone as Martina’s “committee” because she is incapable and requires assistance, your authority as attorney ends.		If a court names someone as Martina’s “committee” because she is incapable and requires assistance, your authority as attorney ends.

Drew Jackson at 23:45, 19 March 2018

2018-03-19T23:45:59Z

← Older revision		Revision as of 23:45, 19 March 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Kevin Smith]]\|date= January 2018}}{{Managing Someone Else's Money TOC}}==What is a power of attorney?==		{{REVIEWEDPLS \| reviewer = [[Kevin Smith]]\|date= January 2018}}{{Managing Someone Else's Money TOC}}==What is a power of attorney?==
	A '''power of attorney''' is a legal document. There are several types of power of attorney. With an '''enduring power of attorney''', Martina ~~(in our example)~~ can give you the legal authority to take care of her money and property. That authority will continue if Martina becomes incapable and can’t make her own decisions.		A '''power of attorney''' is a legal document. There are several types of power of attorney. With an '''enduring power of attorney''', your friend Martina can give you the legal authority to take care of her money and property. That authority will continue if Martina becomes incapable and can’t make her own decisions.

	Under the power of attorney, Martina is called the '''adult''' or '''principal'''.		Under the power of attorney, Martina is called the '''adult''' or '''principal'''.

Drew Jackson: /* When do your responsibilities as attorney end? */

2018-03-19T23:19:46Z

When do your responsibilities as attorney end?

← Older revision		Revision as of 23:19, 19 March 2018
Line 56:		Line 56:
	* you die		* you die

	If a court names someone as Martina’s ~~“committee of the estate” (the guardian of her property)~~, your authority as attorney ends.		If a court names someone as Martina’s “committee” because she is incapable and requires assistance, your authority as attorney ends.

	If the [http://www.trustee.bc.ca/ Public Guardian and Trustee] is named as Martina’s “statutory property guardian”, your authority as attorney is suspended. The Public Guardian and Trustee will determine whether they should take over and end the power of attorney, or whether you should continue to act.		If the [http://www.trustee.bc.ca/ Public Guardian and Trustee] is named as Martina’s “statutory property guardian”, your authority as attorney is suspended. The Public Guardian and Trustee will determine whether they should take over and end the power of attorney, or whether you should continue to act.

Drew Jackson at 21:08, 19 March 2018

2018-03-19T21:08:37Z

← Older revision		Revision as of 21:08, 19 March 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Kevin Smith]]\|date= January 2018}}{{Managing Someone Else's Money TOC}}==What is a power of attorney?==		{{REVIEWEDPLS \| reviewer = [[Kevin Smith]]\|date= January 2018}}{{Managing Someone Else's Money TOC}}==What is a power of attorney?==
	A '''power of attorney''' is a legal document. ~~In the case~~ of ~~Martina, our example, she makes~~ an '''enduring power of attorney''' to give you the legal authority to take care of her money and property. That authority will continue if Martina becomes incapable and can’t make her own decisions.		A '''power of attorney''' is a legal document. There are several types of power of attorney. With an '''enduring power of attorney''', Martina (in our example) can give you the legal authority to take care of her money and property. That authority will continue if Martina becomes incapable and can’t make her own decisions.

	Under the power of attorney, Martina is called the '''adult''' or '''principal'''.		Under the power of attorney, Martina is called the '''adult''' or '''principal'''.

Drew Jackson at 21:05, 19 March 2018

2018-03-19T21:05:58Z

← Older revision		Revision as of 21:05, 19 March 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Kevin Smith]]\|date= January 2018}}{{Managing Someone Else's Money TOC}}==What is a power of attorney?==		{{REVIEWEDPLS \| reviewer = [[Kevin Smith]]\|date= January 2018}}{{Managing Someone Else's Money TOC}}==What is a power of attorney?==
	A '''power of attorney''' is a legal document. Martina ~~made~~ an enduring power of attorney to give you legal authority to take care of her money and property. That authority will continue if Martina becomes incapable and can’t make her own decisions.		A '''power of attorney''' is a legal document. In the case of Martina, our example, she makes an '''enduring power of attorney''' to give you the legal authority to take care of her money and property. That authority will continue if Martina becomes incapable and can’t make her own decisions.

	Under the power of attorney, Martina is called the '''adult''' or '''principal'''.		Under the power of attorney, Martina is called the '''adult''' or '''principal'''.

Drew Jackson at 20:59, 19 March 2018

2018-03-19T20:59:14Z

← Older revision		Revision as of 20:59, 19 March 2018
Line 8:		Line 8:
	A power of attorney can also come into effect when something happens to trigger it. This is called a '''springing power of attorney'''. Martina can appoint you to act on her behalf if the triggering event happens. The triggering event can be if Martina becomes mentally incapable. For example, the appointment can come into effect “when two physicians have determined that I am no longer capable of managing my affairs”. Such a springing power of attorney is not active '''until''' Martina is incapable.		A power of attorney can also come into effect when something happens to trigger it. This is called a '''springing power of attorney'''. Martina can appoint you to act on her behalf if the triggering event happens. The triggering event can be if Martina becomes mentally incapable. For example, the appointment can come into effect “when two physicians have determined that I am no longer capable of managing my affairs”. Such a springing power of attorney is not active '''until''' Martina is incapable.

	As the ~~graphic shows, there are four~~ types of power of attorney ~~in BC. The types are not mutually exclusive. An enduring power of attorney can also be limited in purpose~~, ~~for example.~~		For more on the types of power of attorney, see the People's Law School publication ''[[Power of Attorney]]''.

	[[~~File:~~Power of Attorney ~~Types.png\|thumb\|800px\|centre\| link=\| <span style="font-size:50%;">~~]]

	==On what matters does the attorney have authority?==		==On what matters does the attorney have authority?==