You Have Been Appointed as an Attorney - Revision history

Drew Jackson: /* Your duties depend on the type of power of attorney */

2023-03-31T18:40:01Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 18:40, 31 March 2023
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The publication ''[[Power of Attorney]]'' and the [https://www.peopleslawschool.ca/category/plan-your-future-care/financial-legal-matters/ website] from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the [https://www.peopleslawschool.ca/category/plan-your-future-care/financial-legal-matters/ website] from People’s Law School.
	*The [~~http~~://www.nidus.ca/PDFs/~~Nidus_Guide_EPA~~.pdf "~~Guide to Making & Registering Your~~ Enduring Power of Attorney ~~(EPA)~~"] from Nidus Personal Planning Resource Centre.		*The [https://www.nidus.ca/PDFs/Nidus_FactSheet_EPA.pdf "Enduring Power of Attorney Fact Sheet"] from Nidus Personal Planning Resource Centre.

	==A scenario==		==A scenario==

Drew Jackson: /* Your duties depend on the type of power of attorney */

2023-03-31T18:36:15Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 18:36, 31 March 2023
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The publication ''[[Power of Attorney]]'' and the [~~http~~://www.peopleslawschool.ca/~~everyday~~-~~legal~~-~~problems/wills~~-~~estates~~/~~personal~~-~~planning~~-~~powers-attorney~~ website] from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the [https://www.peopleslawschool.ca/category/plan-your-future-care/financial-legal-matters/ website] from People’s Law School.
	*The [http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf "Guide to Making & Registering Your Enduring Power of Attorney (EPA)"] from Nidus Personal Planning Resource Centre.		*The [http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf "Guide to Making & Registering Your Enduring Power of Attorney (EPA)"] from Nidus Personal Planning Resource Centre.
	*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

	==A scenario==		==A scenario==

Drew Jackson: /* Your duties depend on the type of power of attorney */

2018-03-23T13:47:41Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 13:47, 23 March 2018
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.
	*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA)]” from Nidus Personal Planning Resource Centre.		*The [http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf "Guide to Making & Registering Your Enduring Power of Attorney (EPA)"] from Nidus Personal Planning Resource Centre.
	*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.		*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

Drew Jackson: /* Your duties depend on the type of power of attorney */

2018-03-23T13:16:51Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 13:16, 23 March 2018
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.
	*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus Personal Planning Resource Centre.		*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA)]” from Nidus Personal Planning Resource Centre.
	*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.		*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

Drew Jackson: /* Your duties depend on the type of power of attorney */

2018-03-23T13:16:27Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 13:16, 23 March 2018
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.
	*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.		*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus Personal Planning Resource Centre.
	*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.		*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

Drew Jackson: /* Your duties depend on the type of power of attorney */

2018-03-23T13:15:02Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 13:15, 23 March 2018
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The publication ''[[Power of Attorney]]'' and the “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website ~~information~~]” from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the [http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website] from People’s Law School.
	*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.		*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.
	*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.		*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

Drew Jackson: /* Your duties depend on the type of power of attorney */

2018-03-23T13:14:30Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 13:14, 23 March 2018
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	*The ~~information on~~ “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney ~~Power of Attorney~~]” from People’s Law School.		*The publication ''[[Power of Attorney]]'' and the “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney website information]” from People’s Law School.
	*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.		*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.
	*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.		*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

Drew Jackson at 16:58, 20 March 2018

2018-03-20T16:58:54Z

Drew Jackson: /* A scenario */

2018-03-20T14:47:02Z

A scenario

← Older revision		Revision as of 14:47, 20 March 2018
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	\| text = "I worry that as I get older I might get sick and won't be able to pay my bills or make decisions about money. I'd like to appoint someone to make decisions for me in case I become mentally incapable." <br>– Martina, Vancouver		\| text = "I worry that as I get older I might get sick and won't be able to pay my bills or make decisions about money. I'd like to appoint someone to make decisions for me in case I become mentally incapable." <br>– Martina, Vancouver
	}}		}}
	Let's start with a scenario about how you might have become an attorney under a power of attorney.		Let's start with a scenario about how you might have become an attorney under a power of attorney.

	Your family member or friend is worried she will get sick and won't be able to pay her bills or make other decisions about her savings and her house. For this guide, let’s call her '''Martina'''. Martina has signed an '''enduring power of attorney'''. This kind of power of attorney continues if the person making it becomes mentally incapable. In it, Martina names you as her attorney. She gives you the power to make decisions about money, property and other legal matters for her.		Your family member or friend is worried she will get sick and won't be able to pay her bills or make other decisions about her savings and her house. For this guide, let’s call her '''Martina'''. Martina has signed an '''enduring power of attorney'''. This kind of power of attorney continues if the person making it becomes mentally incapable. In it, Martina names you as her attorney. She gives you the power to make decisions about money, property and other legal matters for her.

Drew Jackson: /* Your duties depend on the type of power of attorney */

2018-03-19T21:12:19Z

Your duties depend on the type of power of attorney

← Older revision		Revision as of 21:12, 19 March 2018
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	* The information on “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney Power of Attorney]” from People’s Law School.		* The information on “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney Power of Attorney]” from People’s Law School.
	* The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.		* The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.
	* The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool ~~that helps~~ you decide what documents to create to plan for your future.		* The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

	==A scenario==		==A scenario==

← Older revision		Revision as of 16:58, 20 March 2018
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	If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:		If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful:
	* The information on “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney Power of Attorney]” from People’s Law School.		*The information on “[http://www.peopleslawschool.ca/everyday-legal-problems/wills-estates/personal-planning-powers-attorney Power of Attorney]” from People’s Law School.
	* The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.		*The “[http://www.nidus.ca/PDFs/Nidus_Guide_EPA.pdf Guide to Making & Registering Your Enduring Power of Attorney (EPA])” from Nidus.
	* The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.		*The website [http://mylawbc.com/paths/wills/ MyLawBC] from Legal Services Society, the agency that provides legal aid in BC. The site has a tool to help you decide what documents to create to plan for your future.

	==A scenario==		==A scenario==
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	When you act as an attorney for Martina, you have four key duties you must keep in mind:		When you act as an attorney for Martina, you have four key duties you must keep in mind:
	# Act honestly, in good faith and in Martina’s best interest.		#Act honestly, in good faith and in Martina’s best interest.
	# Manage Martina’s money and property carefully.		#Manage Martina’s money and property carefully.
	# Act within the authority you are given and within the law.		#Act within the authority you are given and within the law.
	# Keep good records.		#Keep good records.

	These duties are explained in the section “[[Four Key Duties of a Fiduciary]]”. They apply whether you are managing a lot of money or a little. They apply whether you are a family member or not.		These duties are explained in the section “[[Four Key Duties of a Fiduciary]]”. They apply whether you are managing a lot of money or a little. They apply whether you are a family member or not.
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	Consider how difficult the task is likely to be. Take into account things such as:		Consider how difficult the task is likely to be. Take into account things such as:
	* the value and nature of the adult’s property		*the value and nature of the adult’s property
	* how organized their affairs and papers are		*how organized their affairs and papers are
	* views of family members and concerned friends, and the potential for disagreement among them		*views of family members and concerned friends, and the potential for disagreement among them
	* if there are multiple attorneys, the potential for disagreement with them		*if there are multiple attorneys, the potential for disagreement with them

	Consider whether the power of attorney provides for the attorney to be paid for their time. [http://canlii.ca/t/849l The law] says you can be paid for acting as an attorney under an enduring power of attorney '''only''' if the document says you can and sets out the amount or rate.		Consider whether the power of attorney provides for the attorney to be paid for their time. [http://canlii.ca/t/849l The law] says you can be paid for acting as an attorney under an enduring power of attorney '''only''' if the document says you can and sets out the amount or rate.
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	\|width = 50%		\|width = 50%
	\| text = In your role as attorney, you may deal with other types of fiduciaries. These may include:		\| text = In your role as attorney, you may deal with other types of fiduciaries. These may include:
	* '''Trustee under a trust:''' A person who holds property for the benefit of another person, the beneficiary.		*'''Trustee under a trust:''' A person who holds property for the benefit of another person, the beneficiary.
	* '''Representative under a “section 7 representation agreement”:''' A person authorized to make decisions for another person—including on “routine” financial affairs and most legal matters—when the person can no longer manage on their own.		*'''Representative under a “section 7 representation agreement”:''' A person authorized to make decisions for another person—including on “routine” financial affairs and most legal matters—when the person can no longer manage on their own.
	* '''Pension trustee or, for veterans, pension administrator:''' A person appointed by a government agency to manage government money that is paid to someone.		*'''Pension trustee or, for veterans, pension administrator:''' A person appointed by a government agency to manage government money that is paid to someone.
	* '''Guardian or committee:''' A person appointed by a court to manage money and property for someone who needs help.		*'''Guardian or committee:''' A person appointed by a court to manage money and property for someone who needs help.
	}}		}}
	{{Managing Someone Else's Money Navbox}}		{{Managing Someone Else's Money Navbox}}