Difference between revisions of "I Want to Help a Friend or Relative Manage Their Affairs"

* '''Power of attorney:''' A power of attorney is a document you (the '''<span class="noglossary">donor</span>''') can sign to give someone else the power to conduct your financial affairs. You have to be mentally capable to give a power of attorney, but you can make the power '''enduring''', so that it is still in effect if you later lose your mental capacity.

* '''Representation agreement:''' A <span class="noglossary">representation</span> agreement is a document prepared for a person (the <span class="noglossary">donor</span>) who, though they may be mentally incapable of making a contract or managing their health care, can still <span class="noglossary">trust</span> another person and communicate their desire for that person (their '''representative''') to make decisions on their behalf. A <span class="noglossary">representation</span> agreement can authorize a representative to make some or all of a wide variety of decisions on behalf of the <span class="noglossary">donor</span>, such as:

 

* '''Committeeship:''' Where a person is not mentally capable of managing his or her affairs, a family member or the Public Trustee can apply to the Supreme Court of BC for an order declaring the person to be mentally incapable and appointing a '''committee''' with the authority to handle financial affairs for them. Once a committee is appointed, the person has no further say about the affairs over which the committee has authority.

# Identify an "attorney". This should be someone you <span class="noglossary">trust</span> with your money (for example, a spouse, friend or immediate family member). The word "attorney" as used here does not mean and does not have to be a lawyer.

# Get legal advice or at least review the resources described below:

#* You will want to consider whether to do a "general" power of attorney, or one limited to specific tasks.

#* You will also want to consider whether the power should be "enduring" (continuing even if you become mentally incapable).

# Draft and sign the power of attorney and have it witnessed. Make a number of certified copies. A lawyer or notary public can certify copies.

If you own real estate, and you wish to give your attorney the power to sell or mortgage your real estate for you, you must sign the power of attorney in front of a lawyer or notary public in the form required by the Land Title Office.

More information on powers of attorney can be found in the People's Law School publication "[http://www.clicklaw.bc.ca/resource/1019 Power of Attorney]".

| tips = You can also apply for committeeship of a mentally incapable person's personal and medical decisions. This application and the responsibilities that come with it can be complex. You may wish to speak with a lawyer before proceeding.

*[[Public Guardian and Trustee]]. See their publications, including "It's Your Choice: A Guide to Making a Representation Agreement".

* The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1044 How can I help a person who cannot manage their own affairs?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1145 What is a "living will" and is one available in BC?]".