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Difference between revisions of "Enduring Power of Attorney"
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An enduring power of attorney may be limited to dealing with specific matters, such as managing a specific bank account. It may also be limited to a specific time period. | An enduring power of attorney may be limited to dealing with specific matters, such as managing a specific bank account. It may also be limited to a specific time period. | ||
==You must have the capacity to make an enduring power of attorney== | ==Requirements for an enduring power of attorney== | ||
===You must have the capacity to make an enduring power of attorney=== | |||
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Someone who doesn’t have the legal capacity to make an enduring power of attorney may still be able to make a representation agreement. A person can make a “section 7 representation agreement” even if they cannot manage their routine financial affairs or look after their daily needs. This makes a section 7 representation agreement a very useful “last resort’’ document when someone has not made any planning documents and they are starting to lose their capacity. | Someone who doesn’t have the legal capacity to make an enduring power of attorney may still be able to make a representation agreement. A person can make a “section 7 representation agreement” even if they cannot manage their routine financial affairs or look after their daily needs. This makes a section 7 representation agreement a very useful “last resort’’ document when someone has not made any planning documents and they are starting to lose their capacity. | ||
==Who you can name as your attorney== | ===Who you can name as your attorney=== | ||
Most people making an enduring power of attorney name a spouse, family member or friend as their attorney. | Most people making an enduring power of attorney name a spouse, family member or friend as their attorney. | ||
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These restrictions do not apply if the person providing the care is your child, parent or spouse. | These restrictions do not apply if the person providing the care is your child, parent or spouse. | ||
== | === Is an enduring power of attorney made in one province okay in another? === | ||
The [http://canlii.ca/t/849l ''Power of Attorney Act''] and the [http://canlii.ca/t/8p5w Regulation] under the Act have some provisions relating to enduring powers of attorney made outside British Columbia. You should ask a lawyer or notary how those provisions affect the enduring power of attorney in your situation. | |||
==Making an enduring power of attorney== | |||
== Should you see a notary public or lawyer? == | === Should you see a notary public or lawyer? === | ||
It is a good idea to go to a lawyer or notary public to make an enduring power of attorney. An enduring power of attorney is a very powerful legal document. A lawyer or notary can help you understand its risks and benefits. They can also suggest ways you can create your enduring power of attorney so that it will be both safe and effective. As well, they can help you understand what your attorney can and cannot do. For example, a lawyer or notary can help you with rules about the gifts, loans and donations an attorney can make on your behalf. | It is a good idea to go to a lawyer or notary public to make an enduring power of attorney. An enduring power of attorney is a very powerful legal document. A lawyer or notary can help you understand its risks and benefits. They can also suggest ways you can create your enduring power of attorney so that it will be both safe and effective. As well, they can help you understand what your attorney can and cannot do. For example, a lawyer or notary can help you with rules about the gifts, loans and donations an attorney can make on your behalf. | ||
== | ==An enduring power of attorney usually takes effect immediately== | ||
An enduring power of attorney usually takes effect as soon as you and your attorney sign the documents. You can continue to manage your financial and legal affairs for as long as you are capable. But your attorney can help you with any complicated matters. To the extent reasonable, your attorney must foster your independence and encourage your involvement in any decision-making that affects you. | |||
An enduring power of attorney can also take effect at a specified time you name in the document, such as when you become incapacitated. This is known as a springing power of attorney. | |||
{{Power of Attorney Navbox}} | {{Power of Attorney Navbox}} | ||
