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Difference between revisions of "Common Questions on Powers of Attorney"
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Common Questions on Powers of Attorney (view source)
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A power of attorney is a simple and inexpensive way to plan ahead and choose who will help you with your finances. | A power of attorney is a simple and inexpensive way to plan ahead and choose who will help you with your finances. | ||
=== What if | === What if you want to name someone to make health care decisions? === | ||
The law sets out who will make health care and treatment decisions for you when you no longer can. You can plan ahead by making a '''representation agreement''' that names whoever you want to make those decisions, such as a friend, relative, spouse, or adult children. A representation agreement can also cover routine financial and legal matters. | The law sets out who will make health care and treatment decisions for you when you no longer can. You can plan ahead by making a '''representation agreement''' that names whoever you want to make those decisions, such as a friend, relative, spouse, or adult children. A representation agreement can also cover routine financial and legal matters. | ||
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You can appoint more than one person as your attorney. If you do, you must write in the document whether they will act together or individually. | You can appoint more than one person as your attorney. If you do, you must write in the document whether they will act together or individually. | ||
=== What if something happens to | === What if something happens to your attorney? === | ||
If you name only one attorney, it is very important to name an alternate who will take over if something happens to your attorney. However, you also need to describe very clearly the circumstances when an alternate may take over. | If you name only one attorney, it is very important to name an alternate who will take over if something happens to your attorney. However, you also need to describe very clearly the circumstances when an alternate may take over. | ||
=== Can | === Can your attorney be someone who lives in another province? === | ||
Yes. The person you name as your attorney does not have to live in BC. | Yes. The person you name as your attorney does not have to live in BC. | ||
=== Do | === Do you have to pay your attorney? === | ||
Your attorney is entitled to be paid back for any reasonable out-of-pocket expenses. If you want to pay your attorney a fee, you must write this in the power of attorney. The document must authorize the fee and set out the rate. | Your attorney is entitled to be paid back for any reasonable out-of-pocket expenses. If you want to pay your attorney a fee, you must write this in the power of attorney. The document must authorize the fee and set out the rate. | ||
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If a trust company or the Public Guardian and Trustee is your attorney, they will ask you to sign an agreement that says they can charge fees. | If a trust company or the Public Guardian and Trustee is your attorney, they will ask you to sign an agreement that says they can charge fees. | ||
== The | == The attorney's powers and responsibilities == | ||
The attorney is like your agent. He or she must act honestly, in good faith and in your best interests. Your attorney must keep careful records of any financial activities, and must keep your affairs separate from his or her own. | The attorney is like your agent. He or she must act honestly, in good faith and in your best interests. Your attorney must keep careful records of any financial activities, and must keep your affairs separate from his or her own. | ||
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A general power of attorney gives your attorney the power to do anything financial or legal that you can’t do for yourself. This could include dealing with bank or credit union accounts, getting information from Canada Revenue Agency in order to do your income tax, insuring or selling your car, or selling real estate. | A general power of attorney gives your attorney the power to do anything financial or legal that you can’t do for yourself. This could include dealing with bank or credit union accounts, getting information from Canada Revenue Agency in order to do your income tax, insuring or selling your car, or selling real estate. | ||
=== Can | === Can you have a power of attorney for a specific purpose? === | ||
You can limit your attorney’s powers by making a specific power of attorney only for a specific task. For example, you can give someone power of attorney to sell a particular piece of property or you can give them powers for a limited period of time. | You can limit your attorney’s powers by making a specific power of attorney only for a specific task. For example, you can give someone power of attorney to sell a particular piece of property or you can give them powers for a limited period of time. | ||
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}} | }} | ||
=== What can | === What can you do to prevent misuse of your power of attorney? === | ||
Before you make a power of attorney you may want to talk to a friend, family member, community advocate, or legal professional. You can also insist that your attorney get legal advice about his or her responsibilities. | Before you make a power of attorney you may want to talk to a friend, family member, community advocate, or legal professional. You can also insist that your attorney get legal advice about his or her responsibilities. | ||
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You can also cancel a power of attorney at any time. | You can also cancel a power of attorney at any time. | ||
=== If | === If you made a power of attorney ten years ago, is it still good? === | ||
Yes. However, you should check it over to make sure that it will do what you want and the information is accurate. You may decide to make a new one. | Yes. However, you should check it over to make sure that it will do what you want and the information is accurate. You may decide to make a new one. | ||
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Each province in Canada has its own laws and procedures for powers of attorney. This publication applies to residents of British Columbia who have finances and property in BC. For information about powers of attorney in another province or country, it’s best to consult a legal professional. You may also want to check your local library or bookstores for a book called ''Power of Attorney Kit'' by [http://www.self-counsel.com Self Counsel Press], or contact a public legal education and information provider in your province. | Each province in Canada has its own laws and procedures for powers of attorney. This publication applies to residents of British Columbia who have finances and property in BC. For information about powers of attorney in another province or country, it’s best to consult a legal professional. You may also want to check your local library or bookstores for a book called ''Power of Attorney Kit'' by [http://www.self-counsel.com Self Counsel Press], or contact a public legal education and information provider in your province. | ||
=== If | === If you have property in another province or territory, will your BC power of attorney apply? === | ||
Possibly. However, the safest approach is to check with a lawyer in that province or territory. | Possibly. However, the safest approach is to check with a lawyer in that province or territory. | ||
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== Preparing the power of attorney == | == Preparing the power of attorney == | ||
=== Do | === Do you need professional help? === | ||
Most people will go to a notary public or a lawyer to prepare their power of attorney. In fact, you must sign the power of attorney in the presence of a notary public or lawyer in order for the power of attorney to be recognized at the Land Title Office (see above). | Most people will go to a notary public or a lawyer to prepare their power of attorney. In fact, you must sign the power of attorney in the presence of a notary public or lawyer in order for the power of attorney to be recognized at the Land Title Office (see above). | ||
