Difference between revisions of "Glossary for Powers of Attorney"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(4 intermediate revisions by 2 users not shown)
Line 1: Line 1:
{{REVIEWEDPLS | reviewer = [[Kevin Smith]] |date= March 2017}}
{{REVIEWEDPLS | reviewer = [[Kevin Smith]] |date= March 2019}}
{{Power of Attorney TOC}}
{{Power of Attorney TOC}}
;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.
;Attorney: A person legally appointed or empowered to act on behalf of another.  


;Attorney: A person legally appointed or empowered to act on behalf of another. An attorney is a type of agent known as a '''fiduciary'''.
;Certificate of incapability: A certificate issued by a provincial health authority after a medical and functional assessment that finds an adult is mentally incapable.


;Capacity: A person’s ability to make their own choices and decisions.
;Committee of estate: A person or body (such as the [http://www.trustee.bc.ca Public Guardian and Trustee]) appointed to make legal and financial decisions for someone who is mentally incapable and cannot manage their own affairs. A committee is appointed by the court, with the exception of the Public Guardian and Trustee, who can automatically become committee after a '''certificate of incapability''' is issued.


;Committee: 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.
;Designated responder: A person from a local health authority or community agency who will follow up with reports of abuse or neglect of a vulnerable adult. The [http://www.trustee.bc.ca Public Guardian and Trustee] has an online list of designated responders.


;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.
;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.  
 
;Fiduciary: 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.
;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.
;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.  
 
;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.  


;Notarized: 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.
;Notarized: 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.
;Notary public: A legal professional authorized to provide certain non-contentious legal services to the public. For example, a notary public can create wills and powers of attorney, and notarize signatures on documents.


;Notice of Resignation: A written statement by an attorney to resign from their appointment under a power of attorney.  
;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.  
;Notice of revocation: A written statement by an adult given to their attorney revoking (that is, cancelling) 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.  
;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.  
Line 33: Line 27:
;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.  
;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.  
;Representation agreement: A legal document to authorize someone to assist an adult or act on their behalf for health and personal care matters. It can also cover routine financial and legal matters.
 
;Springing power of attorney: A power of attorney that only becomes effective when an event happens, such as a finding that the adult is mentally incapable.


;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.


{{Power of Attorney Navbox}}
{{Power of Attorney Navbox}}

Latest revision as of 20:27, 25 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in March 2019.
Power of Attorney
Power of Attorney full cover image.png
This page is from
Power of Attorney.
See the full contents.
Contents
Introduction
Preparing a Power of Attorney
Enduring Power of Attorney
Ending a Power of Attorney
Common Questions
Where to Get Help
Glossary ‎
From
Visit more from
People's Law School
People's Law School
v • d • e
Attorney
A person legally appointed or empowered to act on behalf of another.
Certificate of incapability
A certificate issued by a provincial health authority after a medical and functional assessment that finds an adult is mentally incapable.
Committee of estate
A person or body (such as the Public Guardian and Trustee) appointed to make legal and financial decisions for someone who is mentally incapable and cannot manage their own affairs. A committee is appointed by the court, with the exception of the Public Guardian and Trustee, who can automatically become committee after a certificate of incapability is issued.
Designated responder
A person from a local health authority or community agency who will follow up with reports of abuse or neglect of a vulnerable adult. The Public Guardian and Trustee has an online list of designated responders.
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.
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.
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.
Notarized
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 certain non-contentious legal services to the public. For example, a notary public can create wills and powers of attorney, and notarize 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 (that is, cancelling) 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 to authorize someone to assist an adult or act on their behalf for health and personal care matters. It can also cover routine financial and legal matters.
Springing power of attorney
A power of attorney that only becomes effective when an event happens, such as a finding that the adult is mentally incapable.


v • d • e
Preparing a Power of Attorney
Enduring Power of Attorney
Ending a Power of Attorney
Common Questions
Resources
About


Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Power of Attorney © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Glossary_for_Powers_of_Attorney&oldid=42484"