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Difference between revisions of "Powers of Attorney and Representation Agreements"
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Powers of Attorney and Representation Agreements (view source)
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This script explains '''powers of attorney''', '''enduring powers of attorney''', and '''representation agreements'''. These documents help with '''personal planning''', which involves: | This script explains '''powers of attorney''', '''enduring powers of attorney''', and '''representation agreements'''. These documents help with '''personal planning''', which involves: | ||
*legal and financial decisions, under a power of attorney (this script 180) | *legal and financial decisions, under a '''power of attorney''' (this script 180) | ||
*legal and financial decisions if a person becomes mentally incapable, under an enduring power of attorney (this script 180) | *legal and financial decisions if a person becomes mentally incapable, under an '''enduring power of attorney''' (this script 180) | ||
*personal care and health care decisions if a person becomes mentally incapable, under a | *personal care and health care decisions if a person becomes mentally incapable, under a '''representation agreement''' (this script 180) | ||
For information on what happens if a person becomes mentally incapable and has not done any personal planning, see script [[Committeeship (Script 426)|426]] on committeeship. For information on '''wills''' (the third part of personal planning), see scripts [[Making a Will and Estate Planning (Script 176)|176]] - [[The Disappointed Beneficiary (Script 179)|179]]. | |||
=Power of attorney= | =Power of attorney= | ||
==What is a power of attorney?== | ==What is a power of attorney?== | ||
A power of attorney is a document that a person uses to appoint another person, called an attorney, to make financial and legal decisions for them. Under the Power of Attorney Act, you must be a capable adult (at least 19 years old) to appoint an attorney. A power of attorney ends automatically if you become mentally incapable or die. Capable means you understand the nature and effect of the document when you make it. The Act presumes you are capable unless it’s shown you’re not. | A power of attorney is a document that a person uses to appoint another person, called an attorney, to make financial and legal decisions for them. Under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96370_01 Power of Attorney Act]'', you must be a capable adult (at least 19 years old) to appoint an attorney. A power of attorney ends automatically if you become mentally incapable or die. Capable means you understand the nature and effect of the document when you make it. The Act presumes you are capable unless it’s shown you’re not. | ||
One example of when you could use this document: if you are going out of the country for a while and you want someone here to deal with your bank accounts. | One example of when you could use this document: if you are going out of the country for a while and you want someone here to deal with your bank accounts. | ||
Who should you appoint as your attorney? | ==Who should you appoint as your attorney?== | ||
The attorney is usually a family member or friend. You should appoint someone you trust because you’re giving them a lot of power. If you appoint someone who is not an adult, they cannot act as attorney until they become an adult. It could also be a professional, such as your lawyer of accountant or a trust company. | The attorney is usually a family member or friend. You should appoint someone you trust because you’re giving them a lot of power. If you appoint someone who is not an adult, they cannot act as attorney until they become an adult. It could also be a professional, such as your lawyer of accountant or a trust company. | ||
Revoking (ending) a power of attorney | ==Revoking (ending) a power of attorney== | ||
A power of attorney ends automatically when you die or if you become mentally incapable. | A power of attorney ends automatically when you die or if you become mentally incapable. | ||
