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Difference between revisions of "Common Questions on Powers of Attorney"

From Clicklaw Wikibooks
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== Choosing your attorney ==
== Choosing your attorney ==


When making a power of attorney, you can choose anybody as your attorney, so long as they are:
When making a power of attorney, you can choose as your attorney someone who is:  
* 19 years or older, and
* age 19 or older, and  
* able to understand the responsibilities involved.
* able to understand the responsibilities involved.  


Most people choose their spouse, a family member or a friend as their attorney.
The law has two restrictions on who can be appointed as an attorney. You cannot appoint:
* A caregiver who is paid to provide you with personal or health care services.
* An employee at a facility where you live if the facility provides health or personal care services.  


For a fee you can choose a trust company as your attorney. You can also name the '''Public Guardian and Trustee''' (a government official).
These restrictions do not apply if the person providing the care is your child, parent or spouse.
 
Most people choose their spouse, a family member or a friend as their attorney.
 
For a fee you can choose a trust company as your attorney. You can also name the '''Public Guardian and Trustee''' (a government official), but you need to check in with them first.


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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. If you don't specify, the default is that they must act together.


=== What if something happens to your attorney? ===
=== What if something happens to your attorney? ===
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=== Can your attorney be someone who lives in another province? ===
=== 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 British Columbia.


=== Do you have to pay your attorney? ===
=== Do you have to pay your attorney? ===
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