Glossary for Power of Attorney
From Clicklaw Wikibooks
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in March 2017.|
- Advance directive
- A document specifying instructions to health care providers about what kind of health care treatment a person does or does not want, including life support or life-prolonging medical interventions.
- A person legally appointed or empowered to act on behalf of another. An attorney is a type of agent known as a fiduciary.
- A person’s ability to make their own choices and decisions.
- A person or body (such as the Public Guardian and Trustee) appointed by the court to make legal, financial and medical decisions for someone who is mentally incapable and cannot manage their own affairs.
- Enduring power of attorney
- A legal document that enables an adult to appoint another person to make financial and legal decisions for them, and specifies that the appointment continues—or “endures”—in the event the adult becomes mentally incapable.
- A legal relationship where one person has an obligation to act for another's benefit.
- General power of attorney
- A power of attorney that gives general powers to the attorney for an unlimited period of time while the adult is mentally capable of managing their own affairs. It ends if the adult becomes mentally incapable.
- Joint bank account
- A bank account in which two or more people have ownership rights over the same account.
- Legal capacity
- A person’s ability to enter into legal relations with others or to make binding decisions or agreements. Generally, the ability to appreciate the nature and consequences of a proposed relation or decision.
- Limited power of attorney
- A power of attorney that limits the attorney’s powers to a specific task or a specific period of time—for example, to sign papers completing the sale of a specific property.
- When a notary public puts his or her seal on a document to confirm that a person signed the document in front of the notary.
- Notary public
- A legal professional authorized to provide many non-contentious legal services to the public, including preparing wills and powers of attorney and notarizing signatures on documents.
- Notice of Resignation
- A written statement by an attorney to resign from their appointment under a power of attorney.
- Notice of Revocation
- A written statement by an adult given to their attorney revoking the authority granted to the attorney under a power of attorney.
- Power of attorney
- A legal document that enables an adult to give another person (or more than one person) the authority to make financial and legal decisions for them.
- Public Guardian and Trustee
- A public body established by law to protect the interests of British Columbians who lack legal capacity to protect their own interests.
- Representation agreement
- A legal document that enables an adult to authorize someone to make decisions for them when they can no longer manage on their own. The “representative” can make decisions relating to health care and personal care matters. With a “section 7 representation agreement”, the representative can also be authorized to handle “routine management” of financial affairs and most legal matters.
- Springing power of attorney
- A power of attorney that only becomes effective when a triggering event happens, such as a finding that the adult is mentally incapable.
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