Difference between revisions of "Older People and the Law"
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* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLinkBC] is a toll-free, confidential phone service that can put victims of abuse in touch with counselling and other supports. Call 1-800-563-0808 anytime, 24x7. | * [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLinkBC] is a toll-free, confidential phone service that can put victims of abuse in touch with counselling and other supports. Call 1-800-563-0808 anytime, 24x7. | ||
==Wills and planning for your future care== | |||
[[File:Learning about the law wills.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]] | |||
At any age, it’s important to put your affairs in order in case something drastic happens to you. But this becomes especially important as you get older. | |||
For most people, making a '''will''' is a critical step to plan for their passing. And there are documents to consider putting in place in case you get sick or become mentally incapable. These include a '''power of attorney''' and a '''representation agreement'''. | |||
===Making a will=== | |||
A '''will''' is a legal document that sets out what will happen after you die to (most of) your property and any minor children. (A will doesn't cover property you own jointly with other people or accounts where you've named a '''beneficiary'''.) | |||
A will is not the same as a '''power of attorney'''. A power of attorney sets out your instructions for dealing with your financial and legal affairs ''while you are alive''. (See the next section about powers of attorney.) | |||
In your will, you need to name someone to be your '''executor'''. This is the person who carries out the instructions in your will. The executor of your will is not automatically the same person as your power of attorney unless you appoint the same person as your executor and as your attorney. | |||
Most people ask a family member or close friend to be their executor. You can also ask a lawyer or private trust company. You should name a backup executor in case the person you choose isn't able or willing to do the job at the time. Then the backup can take over. | |||
You can cancel a will and make a new one any time, as long as you are mentally capable. | |||
People’s Law School explains what’s involved in [https://www.peopleslawschool.ca/preparing-will/ preparing your will]. | |||
===Making a power of attorney=== | |||
A '''power of attorney''' is a legal document that names another person to be your '''attorney'''. An attorney is someone you trust to manage your financial and legal matters while you are alive. This might include paying bills, depositing money in your bank account, investing your money, or selling your home. They can’t make health care decisions for you. | |||
(The word attorney does not refer to a lawyer. It refers to the person you choose to manage your affairs under the power of attorney.) | |||
You must be '''mentally capable''' when you sign a power of attorney. This means you must understand what you are doing and what might happen as a result. | |||
The person you name as your attorney must act in your best interests and follow your wishes. | |||
You can still handle your own affairs after you appoint an attorney. You can also '''revoke''' (that is, cancel) a power of attorney at any time and make a new one with a different attorney, as long as you are mentally capable. | |||
===Choosing an attorney=== | |||
Choosing your attorney is an important decision, and it's not always easy. Most people ask a trusted friend, a relative, or a lawyer to be their attorney. Key considerations include choosing someone you trust, who understands the responsibilities involved, and who ensures your needs — not theirs — come first. | |||
You can | You can have one or two people act as your attorney. The people who act as your attorney can act together, or one or the other attorney can be named as an '''alternate''' (a backup). This will help make sure your wishes are followed. | ||
====There are different types of power of attorney==== | |||
[[File:Elderly single man headshot.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]] | |||
There are different types of power of attorney. Which one you choose depends on your needs. | |||
* '''General power of attorney'''. You appoint an attorney to manage your financial and legal affairs, but the appointment ends if you become mentally incapable. | |||
* '''Enduring power of attorney'''. You appoint an attorney to manage your financial and legal affairs, and the appointment continues — or “endures” — in the event you become mentally incapable. | |||
* '''Limited power of attorney'''. You give someone the power to do certain things only. You say exactly what action your attorney can take. For example, if you are travelling in another country, you might give your attorney the power to do your banking while you are away. | |||
===If you have worries about your attorney=== | |||
Your attorney has a duty to act in your best interests and to follow your wishes. But some attorneys misuse their power. They might take funds out of your bank account without your permission. Or sell what you own and use the money for themselves. This is financial abuse and sadly it happens often, especially to older people. | |||
If you are worried about financial abuse, you can contact the places listed above under elder abuse. Also see the options for legal help listed in the [[Find Out More in Learning about the Law|Find Out More]] section. | |||
===Making a representation agreement=== | |||
[[File:Showing elderly woman paper.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]] | |||
A '''representation agreement''' is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your '''representative'''. | |||
There are two types of representation agreement. A '''standard representation agreement''' gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care. | |||
Even if someone is not mentally capable of managing their own affairs, they may be able to make a standard representation agreement. To do so, they need to understand what they’re agreeing to and what effect it will have on them. | |||
An '''enhanced representation agreement''' gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life. | |||
To make an enhanced representation agreement, you need to have full mental capacity. | |||
In choosing a representative, it’s important to choose someone you know well and trust. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself. | |||
People’s Law School has more on [https://www.peopleslawschool.ca/understand-representation-agreements/ representation agreements]. | |||
===Making an advance directive=== | |||
In an '''advance directive''', you can write instructions to your representative or to your doctor about what kind of health care you want and don’t want if you have a serious medical condition. | |||
Advance directives don’t cover personal care or financial affairs. They apply only to future health care and often deal with end-of-life decisions. Some people use the term '''living will''' when talking about an advance directive. | |||
Instructions in your advance directive can be general statements such as ''"I don't want to be connected to machines to stay alive."'' Or they can be specific statements such as: ''“I don't want to receive donated blood.”'' | |||
An advance directive ensures that your wishes are followed even if you are not able to speak for yourself due to an injury or illness. | |||
You have to be mentally capable to make an advance directive. | |||
People’s Law School explains what’s involved in [https://www.peopleslawschool.ca/prepare-advance-directive/ preparing an advance directive]. | |||
=== | ===Know what you're signing=== | ||
Signing a legal document means you agree to everything written in it. The document becomes legally binding. | |||
Don’t be pressured into signing any legal document. And don’t sign anything you don’t understand. Take your time. If you have any questions, talk with a lawyer or a trusted friend. | |||
{{REVIEWED | reviewer = [[People's Law School]], 2022}} | |||
{{REVIEWED | reviewer = [[People's Law School]], | |||
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