Difference between revisions of "Powers of Attorney and Representation Agreements"
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{{ | {{REVIEWEDPLS | reviewer = [https://www.mclellanherbert.com/About/Hugh-S-Mclellan.shtml Hugh McLellan], McLellan Herbert and [http://www.nidus.ca/?page_id=2337 Joanne Taylor], Nidus Personal Planning Resource Centre and Registr|date= October 2018}} {{Dial-A-Law TOC|expanded = wills}} | ||
{{Dial-A-Law TOC|expanded = wills}} | |||
One day, you may need someone to help you make decisions concerning your health care, legal affairs, or finances. A '''representation agreement''' and '''power of attorney''' can help you prepare for this possibility. | One day, you may need someone to help you make decisions concerning your health care, legal affairs, or finances. A '''representation agreement''' and '''power of attorney''' can help you prepare for this possibility. | ||
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===A power of attorney is different from a will=== | ===A power of attorney is different from a will=== | ||
A power of attorney is a way to plan for managing your affairs during your lifetime. A will provides for the distribution of the things you own after your death. To learn more about preparing a will, see our information on [[ | A power of attorney is a way to plan for managing your affairs during your lifetime. A will provides for the distribution of the things you own after your death. To learn more about preparing a will, see our information on [[Preparing a Will and Estate Planning (No. 176)|preparing a will and estate planning (no. 176)]]. | ||
===Choosing your attorney=== | ===Choosing your attorney=== | ||
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===Why you should consider an enduring power of attorney=== | ===Why you should consider an enduring power of attorney=== | ||
With an enduring power of attorney, you decide who will look after your legal and financial affairs if you become incapable. Without an enduring power of attorney, if you become incapable, someone may have to apply to BC Supreme Court to be appointed your '''committee of estate'''. A committee of estate has the authority to look after your legal and financial affairs. Usually a spouse or other family member applies. To learn more about this process, see our information on [[Committeeship ( | With an enduring power of attorney, you decide who will look after your legal and financial affairs if you become incapable. Without an enduring power of attorney, if you become incapable, someone may have to apply to BC Supreme Court to be appointed your '''committee of estate'''. A committee of estate has the authority to look after your legal and financial affairs. Usually a spouse or other family member applies. To learn more about this process, see our information on [[Committeeship (No. 426)|committeeship (no. 426)]]. | ||
You have more control if you make an enduring power of attorney. And it costs much less than going to court to appoint a committee. | You have more control if you make an enduring power of attorney. And it costs much less than going to court to appoint a committee. | ||
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With a representation agreement, you have a say in who will make personal and health care decisions for you if you become incapable. You may be able to reduce the burden on your family and friends. And you can avoid the government being involved in your personal and health care decisions. | With a representation agreement, you have a say in who will make personal and health care decisions for you if you become incapable. You may be able to reduce the burden on your family and friends. And you can avoid the government being involved in your personal and health care decisions. | ||
If you do not have a representative, and someone needs to make a health care decision for you, a '''temporary substitute decision-maker''' may need to be appointed. Our information on [[Adults and Consent to Health Care ( | If you do not have a representative, and someone needs to make a health care decision for you, a '''temporary substitute decision-maker''' may need to be appointed. Our information on [[Adults and Consent to Health Care (No. 428)|adults and consent to health care (no. 428)]] explains temporary substitute decision-makers and '''advance directives''', which are written instructions about health care wishes. | ||
===Choosing a representative=== | ===Choosing a representative=== | ||
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:Web: [http://www.trustee.bc.ca trustee.bc.ca] | :Web: [http://www.trustee.bc.ca trustee.bc.ca] | ||
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