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| {{Template:Legal Help Guide TOC}}There are now a number of options for assisting people who have trouble dealing with their financial and personal affairs. Some of these options are: | | {{Template:Legal Help Guide TOC}} |
| *'''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.
| | There are options for assisting people who have not made personal planning documents in advance, and need help now to deal with their financial, legal, health and/or personal affairs. If the person is considered mentally capable, see the options in the question [[I want to get my affairs in order in case I become incapable]]. If the person needs help with making decisions due to a condition that has affected their mental capability, some of the options are: |
| *'''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: | | *'''Representation Agreement Section 7 (RA7):''' The RA7 would allow your friend or relative to appoint one or more representatives to assist in making the following: |
| **routine financial decisions, | | **routine financial decisions (e.g. managing pension deposits and paying bills) |
| **health and personal care decisions, | | **legal decisions (e.g. hiring a lawyer) |
| **hiring legal counsel, | | **health care decisions (e.g. medications, tests, dental visits) |
| **overriding the <span class="noglossary">donor</span>'s refusal of help or medical treatment, and
| | **personal care decisions (e.g. living arrangements, exercise) |
| **making arrangements for the <span class="noglossary">donor</span>'s minor children. | | *'''Committeeship:''' Committeeship is a formal procedure to apply for adult guardianship, where the adult is declared mentally incompetent and a "committee" is appointed by BC Supreme Court to manage their affairs. Committeeship removes the adult's decision-making ability and is a 'last resort' option. |
| *'''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. | | |
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| == First steps == | | == First steps == |
| === Power of attorney === | | === Representation Agreement Section 7 (RA7) === |
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| #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.
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| #Get legal advice or at least <span class="noglossary">review</span> the resources described below:
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| #*You will want to consider whether to do a ''general'' power of attorney, or one limited to specific tasks.
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| #*You will also want to consider whether the power should be ''enduring'' (continuing even if you become mentally incapable).
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| #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.
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| If you own real <span class="noglossary">estate</span>, and you wish to give your attorney the power to sell or mortgage your real <span class="noglossary">estate</span> 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.
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| 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]."
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| === Representation agreement ===
| | #See the publication [http://www.clicklaw.bc.ca/resource/2364 Representation Agreement Overview] to consider the options and help you determine if an RA7 is the right choice. |
| | | #Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the agreement. |
| #The person wanting a <span class="noglossary">representation</span> agreement needs to identify a representative. This needs to be someone they <span class="noglossary">trust</span>, not only with their money, but with other decisions they may wish to include in their <span class="noglossary">representation</span> agreement. | | #Make a Representation Agreement. See the resource [http://www.clicklaw.bc.ca/resource/2493 Legal forms for Representation Agreements] which contain guidance and standard forms for different types of Representation Agreements. You can also get help from a lawyer or notary who is familiar with drafting personal planning documents. |
| #Speak with legal or health care professionals for advice on the contents of a <span class="noglossary">representation</span> agreement. | |
| #Draft and sign the <span class="noglossary">representation</span> agreement and have it witnessed. Make a number of certified copies. A lawyer or notary public can certify copies. | |
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| Self-help kits for <span class="noglossary">representation</span> agreements can be purchased for $75 from [[Nidus Personal Planning Resource Centre and Registry]].
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| {{Tipsbox | | {{Tipsbox |
| | width = 60% | | | width = 60% |
| | tips = You must be at least 19 years of age to make a <span class="noglossary">representation</span> agreement in British Columbia. You must also be at least 19 to make a will, unless you are or have been married or you are an active member of the armed forces or a mariner at sea. | | | tips = You must be at least 19 years of age to make a Representation Agreement in British Columbia. |
| }} | | }} |
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| === Committeeship === | | === Committeeship === |
| #Discuss with the person's family doctor to decide if committeeship is necessary.
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| #Have the person examined by two medical doctors, who must then swear an affidavit (in front of a lawyer or notary public) saying that the person is mentally incapable and provide the reason for the incapacity.
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| #Complete an affidavit describing the assets, income, expenses and liabilities of the incapable person and a list of his or her next-of-kin. These documents need to be filed with the application for committeeship in the BC Supreme Court registry and copies of them served on the incapable person and the Public Trustee.
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| #Make the application in court.
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| {{Tipsbox
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| | 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 <span class="noglossary">proceeding</span>.
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| }}
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| == What happens next ==
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| Once the power of attorney, <span class="noglossary">representation</span> agreement or committeeship is in place, the attorney, representative or committee — as the case may be — will have the legal authority described in the document and must act in the utmost good faith in the best interests of the <span class="noglossary">donor</span>.
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| A <span class="noglossary">donor</span> with mental competency can withdraw a power of attorney or <span class="noglossary">representation</span> agreement. A committeeship can only be withdrawn by court order.
| | #See the publications [http://www.clicklaw.bc.ca/resource/1468 Committeeship] and the [http://www.clicklaw.bc.ca/resource/2175 Private Committee Handbook] for more information. |
| | #Consult with a lawyer about the procedures to apply to Supreme Court, which include obtaining sworn statements (affidavits) from two doctors licensed to practice in BC. |
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| == Where to get help == | | == Where to get help == |
| See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: | | See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: |
| *[[Public Guardian and Trustee]]. See their publications, including "It's Your Choice: A Guide to Making a Representation Agreement." | | *[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=12009 DIY RA7 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars] |
| *[[Nidus Personal Planning Resource Centre and Registry]]. | | **[http://www.clicklaw.bc.ca/resource/2518 The Nidus Guide to Personal Planning: Stay in Charge of Your Life] – this resource provides a good introduction and overview of the personal planning documents available in BC. |
| *[[Access Pro Bono]], [[Lawyer Referral Service]], [[Private Bar Lawyers|private bar lawyers]]. | | **[http://www.clicklaw.bc.ca/resource/2543 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills. |
| * 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?]" | | *[http://www.clicklaw.bc.ca/resource/1734 LSLAP Manual on Guardianship] – by UBC Law Student Legal Advice Program |
| | *[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], private bar lawyers. |
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| Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | | Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. |
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| {{REVIEWED | reviewer = [[Stan Rule]], February 2013}} | | {{REVIEWED | reviewer = [[Audrey Jun]], September 2015}} |
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