Preparing a Power of Attorney - Revision history

Drew Jackson: /* Preparing the power of attorney */

2019-03-25T19:24:12Z

Preparing the power of attorney

← Older revision		Revision as of 19:24, 25 March 2019
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	== Preparing the power of attorney ==		== Preparing the power of attorney ==
	Most people go to a notary public or a lawyer to prepare their power of attorney. If you have a complicated or unusual situation, it’s best to get professional help. Phone around and compare prices. You should be able to get free quotes. See the [[Where To Get Help for Powers of Attorney\|Where To Get Help]] section for help finding a legal professional.		Most people go to a notary public or a lawyer to prepare their power of attorney. If you have a complicated or unusual situation, it’s best to get professional help. Phone around and compare prices. You should be able to get free quotes. See the [[Where to Get Help for Powers of Attorney\|Where to Get Help]] section for help finding a legal professional.

	You ''must'' go to a notary public or lawyer if you want:		You ''must'' go to a notary public or lawyer if you want:

Drew Jackson: /* Preparing the power of attorney */

2019-03-25T19:23:47Z

Preparing the power of attorney

← Older revision		Revision as of 19:23, 25 March 2019
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	== Preparing the power of attorney ==		== Preparing the power of attorney ==
	Most people go to a notary public or a lawyer to prepare their power of attorney. If you have a complicated or unusual situation, it’s best to get professional help. Phone around and compare prices. You should be able to get free quotes. See the [[Where To Get Help for Powers of Attorney\|Where To Get Help] section for help finding a legal professional.		Most people go to a notary public or a lawyer to prepare their power of attorney. If you have a complicated or unusual situation, it’s best to get professional help. Phone around and compare prices. You should be able to get free quotes. See the [[Where To Get Help for Powers of Attorney\|Where To Get Help]] section for help finding a legal professional.

	You ''must'' go to a notary public or lawyer if you want:		You ''must'' go to a notary public or lawyer if you want:

Drew Jackson: /* Preparing the power of attorney */

2019-03-25T19:23:36Z

Preparing the power of attorney

← Older revision		Revision as of 19:23, 25 March 2019
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	== Preparing the power of attorney ==		== Preparing the power of attorney ==
	Most people go to a notary public or a lawyer to prepare their power of attorney. If you have a complicated or unusual situation, it’s best to get professional help. Phone around and compare prices. You should be able to get free quotes. See the Where To Get Help section for help finding a legal professional.		Most people go to a notary public or a lawyer to prepare their power of attorney. If you have a complicated or unusual situation, it’s best to get professional help. Phone around and compare prices. You should be able to get free quotes. See the [[Where To Get Help for Powers of Attorney\|Where To Get Help] section for help finding a legal professional.

	You ''must'' go to a notary public or lawyer if you want:		You ''must'' go to a notary public or lawyer if you want:
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	\| text = You can choose when you want your power of attorney to start. A power of attorney can be written so that your attorney has the legal authority to act as soon as it’s signed. However, this doesn’t mean it has to be ''used'' immediately. Make sure your attorney knows when you want them to act.		\| text = You can choose when you want your power of attorney to start. A power of attorney can be written so that your attorney has the legal authority to act as soon as it’s signed. However, this doesn’t mean it has to be ''used'' immediately. Make sure your attorney knows when you want them to act.
	}}		}}


	{{Power of Attorney Navbox}}		{{Power of Attorney Navbox}}

Drew Jackson: /* You need to be “mentally capable” to sign a power of attorney */

2019-03-25T19:20:10Z

You need to be “mentally capable” to sign a power of attorney

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	It’s important to appreciate mental capability in the following two contexts:		It’s important to appreciate mental capability in the following two contexts:

	# '''You must be mentally capable at the time you sign the power of attorney'''. You have to understand that you’re giving your attorney the power to deal with your financial and legal affairs. There is a specific six-part capacity test (see ~~below~~), and special rules for signing an enduring power of attorney~~, discussed in more detail below~~.		# '''You must be mentally capable at the time you sign the power of attorney'''. You have to understand that you’re giving your attorney the power to deal with your financial and legal affairs. There is a specific six-part capacity test (see the section on [[Enduring Power of Attorney]]), and special rules for signing an enduring power of attorney.
	# '''Mental capability also matters at the moment the power of attorney is used'''. For example, a general power of attorney can no longer be used when the person who prepared it can’t manage their own legal and financial affairs. But an enduring power of attorney can continue to be used even after someone is mentally incapable.		# '''Mental capability also matters at the moment the power of attorney is used'''. For example, a general power of attorney can no longer be used when the person who prepared it can’t manage their own legal and financial affairs. But an enduring power of attorney can continue to be used even after someone is mentally incapable.

Drew Jackson: /* Why you should consider a power of attorney */

2019-03-25T19:18:42Z

Why you should consider a power of attorney

← Older revision		Revision as of 19:18, 25 March 2019
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	}}		}}

	With an '''enduring power of attorney''', you can '''plan in advance for any future incapacity'''. A family member, or someone else of your choice, is entrusted to manage your financial affairs if you can’t. Their authority to act for you can start right away, and then continue — or “endure” — after you are mentally incapable, whether due to illness or an accident or age-related decline. For more, see the section ''Enduring Power of Attorney]].		With an '''enduring power of attorney''', you can '''plan in advance for any future incapacity'''. A family member, or someone else of your choice, is entrusted to manage your financial affairs if you can’t. Their authority to act for you can start right away, and then continue — or “endure” — after you are mentally incapable, whether due to illness or an accident or age-related decline. For more, see the section [[Enduring Power of Attorney]].

	{{PLSStorybox		{{PLSStorybox

Drew Jackson: /* Why you should consider a power of attorney */

2019-03-25T19:18:25Z

Why you should consider a power of attorney

← Older revision		Revision as of 19:18, 25 March 2019
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	}}		}}

	With an '''enduring power of attorney''', you can '''plan in advance for any future incapacity'''. A family member, or someone else of your choice, is entrusted to manage your financial affairs if you can’t. Their authority to act for you can start right away, and then continue — or “endure” — after you are mentally incapable, whether due to illness or an accident or age-related decline. For more, see the section Enduring Power of Attorney.		With an '''enduring power of attorney''', you can '''plan in advance for any future incapacity'''. A family member, or someone else of your choice, is entrusted to manage your financial affairs if you can’t. Their authority to act for you can start right away, and then continue — or “endure” — after you are mentally incapable, whether due to illness or an accident or age-related decline. For more, see the section ''Enduring Power of Attorney]].

	{{PLSStorybox		{{PLSStorybox

Drew Jackson at 19:17, 25 March 2019

2019-03-25T19:17:27Z

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	The person you give this power to is called the '''attorney'''. In this case “attorney” doesn’t mean “lawyer.” It simply means the person you’ve chosen to be your decision-maker.		The person you give this power to is called the '''attorney'''. In this case “attorney” doesn’t mean “lawyer.” It simply means the person you’ve chosen to be your decision-maker.

			== Why you should consider a power of attorney ==
			A power of attorney is a simple and inexpensive way to plan ahead. The power you give to your attorney can be limited to a single decision, or it can extend more broadly. There are differents types of powers of attorney.

	{{PLSTipsbox		{{PLSTipsbox
	\| text = A power of attorney is different from a will. A will helps others distribute your possessions after your death. A power of attorney helps you plan out the management of your affairs '''during your lifetime'''.		\| text = A power of attorney is different from a will. A will helps others distribute your possessions after your death. A power of attorney helps you plan out the management of your affairs '''during your lifetime'''.
	}}		}}

	~~== Why you should consider a power of attorney ==~~
	~~A power of attorney is a simple and inexpensive way to plan ahead.~~

	~~The power you give to your attorney can be limited to a single decision, or it can extend more broadly. There are differents types of powers of attorney.~~

	With a '''general power of attorney''', your attorney can manage your affairs while you are '''still ''mentally'' capable of managing your own affairs, but ''physically'' unable'''. This may be a good option if you have mobility issues or are ill. You can give your attorney broad powers to do almost anything with your finances and property.		With a '''general power of attorney''', your attorney can manage your affairs while you are '''still ''mentally'' capable of managing your own affairs, but ''physically'' unable'''. This may be a good option if you have mobility issues or are ill. You can give your attorney broad powers to do almost anything with your finances and property.

Drew Jackson at 19:16, 25 March 2019

2019-03-25T19:16:21Z

← Older revision		Revision as of 19:16, 25 March 2019
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	{{PLSTipsbox		{{PLSTipsbox
	\| text = A power of attorney deals only with your financial and legal affairs. You can choose someone to help you make your '''health care and personal care decisions''' if you become incapable by signing a '''representation agreement'''. ~~For more information, visit the People’s Law School website at peopleslawschool.ca.~~		\| text = A power of attorney deals only with your financial and legal affairs. You can choose someone to help you make your '''health care and personal care decisions''' if you become incapable by signing a '''representation agreement'''.
	}}		}}

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	{{PLSTipsbox		{{PLSTipsbox
	\| text = Even if someone can’t sign a power of attorney, they may still be able to prepare a standard representation agreement (commonly known as a section 7 representation agreement). With it, a trusted person can help make their routine financial and legal decisions (and it can cover health care and personal care decisions too). It’s often used as a last resort if someone hasn’t done other planning. ~~For more information, visit the People’s Law School website at peopleslawschool.ca.~~		\| text = Even if someone can’t sign a power of attorney, they may still be able to prepare a standard representation agreement (commonly known as a section 7 representation agreement). With it, a trusted person can help make their routine financial and legal decisions (and it can cover health care and personal care decisions too). It’s often used as a last resort if someone hasn’t done other planning.
	}}		}}

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	{{PLSTipsbox		{{PLSTipsbox
	\| text = Nidus Personal Planning Resource Centre and Registry offers a fact sheet on the '''general and specific''' authorities you can give to your attorney under an enduring power of attorney. Talk to a lawyer or notary if you have questions about what powers you want to give to your attorney.		\| text = [http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry] offers a fact sheet on the '''general and specific''' authorities you can give to your attorney under an enduring power of attorney. Talk to a lawyer or notary if you have questions about what powers you want to give to your attorney.
	}}		}}

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	{{PLSTipsbox		{{PLSTipsbox
	\| text = You and your attorney can learn about an attorney’s responsibilities in the publication ''Managing Someone ~~Else’s~~ Money''~~. This can be accessed at wiki.clicklaw.bc.ca~~.		\| text = You and your attorney can learn about an attorney’s responsibilities in the publication ''[[Managing Someone Else's Money]]''.
	}}		}}

Drew Jackson: /* Why you should consider a power of attorney */

2019-03-25T19:13:14Z

Why you should consider a power of attorney

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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:Power_of_Attorney_-_Akira.jpg\|link=]]		\| image = [[File:Power_of_Attorney_-_Akira.jpg\|link=]]
	\| text = “I was diagnosed with chronic fatigue syndrome in the fall. Sure, I could still calculate how much I owe the credit card company, if you asked me to. But I just don’t have the energy to juggle my everyday finances. Now is a time to focus on my health.” <br>- Akira, South Burnaby		\| text = “I was diagnosed with chronic fatigue syndrome in the fall. Sure, I could still calculate how much I owe the credit card company, if you asked me to. But I just don’t have the energy to juggle my everyday finances. Now is a time to focus on my health.” <br>– Akira, South Burnaby
	}}		}}

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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:Power_of_Attorney_-_Walter.jpg\|link=]]		\| image = [[File:Power_of_Attorney_-_Walter.jpg\|link=]]
	\| text = ”My house is on the market. My father got sick and I had to make a last-minute trip to Germany. I prepared a limited power of attorney so my niece Sara could sign the papers if my home sells while I’m gone. The authority ends when I come home from my trip.” <br>- Walter, Victoria		\| text = ”My house is on the market. My father got sick and I had to make a last-minute trip to Germany. I prepared a limited power of attorney so my niece Sara could sign the papers if my home sells while I’m gone. The authority ends when I come home from my trip.” <br>– Walter, Victoria
	}}		}}

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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:Power_of_Attorney_-_Anita.jpg\|link=]]		\| image = [[File:Power_of_Attorney_-_Anita.jpg\|link=]]
	\| text = ”My husband’s in a coma — he had an accident at work. We have a joint bank account, so I can still pay the bills. But the car insurance is due and the insurance company won’t let me renew it. They say it’s because our car is in his name. So, on top of everything else, I’ve got a car I can’t drive and two young kids. If we’d thought to prepare enduring powers of attorney, I could have easily renewed the insurance.” <br>- Anita, Burnaby		\| text = ”My husband’s in a coma — he had an accident at work. We have a joint bank account, so I can still pay the bills. But the car insurance is due and the insurance company won’t let me renew it. They say it’s because our car is in his name. So, on top of everything else, I’ve got a car I can’t drive and two young kids. If we’d thought to prepare enduring powers of attorney, I could have easily renewed the insurance.” <br>– Anita, Burnaby
	}}		}}

Elena Renderos at 05:24, 23 March 2019

2019-03-23T05:24:11Z

← Older revision		Revision as of 05:24, 23 March 2019
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	{{PLSTipsbox		{{PLSTipsbox
	\| text = Nidus Personal Planning Resource Centre and Registry offers a fact sheet on the general and specific authorities you can give to your attorney under an enduring power of attorney. Talk to a lawyer or notary if you have questions about what powers you want to give to your attorney.		\| text = Nidus Personal Planning Resource Centre and Registry offers a fact sheet on the '''general and specific''' authorities you can give to your attorney under an enduring power of attorney. Talk to a lawyer or notary if you have questions about what powers you want to give to your attorney.
	}}		}}