Difference between revisions of "I Want to Help a Friend or Relative Manage Their Affairs"

From Clicklaw Wikibooks
(update for march 2017)
Line 28: Line 28:
 
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
 
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
 
*[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=12009 DIY RA7 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars]
 
*[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=12009 DIY RA7 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars]
**[http://www.clicklaw.bc.ca/resource/2518 The Nidus Guide to Personal Planning: Stay in Charge of Your Life] – this resource provides a good introduction and overview of the personal planning documents available in BC.
+
**[http://www.clicklaw.bc.ca/resource/4224 Types of Planning: Personal Planning & Estate Planning] – this resource provides a good introduction and overview of the personal planning documents available in BC.
**[http://www.clicklaw.bc.ca/resource/2543 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills.  
+
**[http://www.clicklaw.bc.ca/helpmap/service/1110 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills.  
*[http://www.clicklaw.bc.ca/resource/1734 LSLAP Manual on Guardianship] – by UBC Law Student Legal Advice Program
 
 
*[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], private bar lawyers.
 
*[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], private bar lawyers.
  
 
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
 
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
  
{{REVIEWED | reviewer = [[Audrey Jun]], September 2015}}
+
{{REVIEWED | reviewer = [[Audrey Jun]], March 2017}}
  
 
{{Template:Legal Help Guide Navbox|type=problems}}
 
{{Template:Legal Help Guide Navbox|type=problems}}
  
 
{{Creative Commons for Legal Help Guide}}
 
{{Creative Commons for Legal Help Guide}}

Revision as of 11:22, 10 March 2017

There are options for assisting people who have not made personal planning documents in advance, and need help now to deal with their financial, legal, health and/or personal affairs. If the person is considered mentally capable, see the options in the question I want to get my affairs in order in case I become incapable. If the person needs help with making decisions due to a condition that has affected their mental capability, some of the options are:

  • Representation Agreement Section 7 (RA7): The RA7 would allow your friend or relative to appoint one or more representatives to assist in making the following:
    • routine financial decisions (e.g. managing pension deposits and paying bills)
    • legal decisions (e.g. hiring a lawyer)
    • health care decisions (e.g. medications, tests, dental visits)
    • personal care decisions (e.g. living arrangements, exercise)
  • Committeeship: Committeeship is a formal procedure to apply for adult guardianship, where the adult is declared mentally incompetent and a "committee" is appointed by BC Supreme Court to manage their affairs. Committeeship removes the adult's decision-making ability and is a 'last resort' option.

First steps[edit]

Representation Agreement Section 7 (RA7)[edit]

  1. See the publication Representation Agreement Overview to consider the options and help you determine if an RA7 is the right choice.
  2. Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the agreement.
  3. Make a Representation Agreement. See the resource Legal forms for Representation Agreements which contain guidance and standard forms for different types of Representation Agreements. You can also get help from a lawyer or notary who is familiar with drafting personal planning documents.
Tipsandnotes.png
You must be at least 19 years of age to make a Representation Agreement in British Columbia.

Committeeship[edit]

  1. See the publications Committeeship and the Private Committee Handbook for more information.
  2. Consult with a lawyer about the procedures to apply to Supreme Court, which include obtaining sworn statements (affidavits) from two doctors licensed to practice in BC.

Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Audrey Jun, March 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

In law, (1) the physical railing separating the public gallery in a courtroom from the area where the judge and lawyers sit, (2) lawyers as a group, or (3) the place where lawyers go after work.

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

Personal tools
Namespaces

Variants
Actions
Site
Tools
Contributors
Print/export