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I Want to Help a Friend or Relative Manage Their Affairs (view source)
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{{Template:Legal Help Guide TOC}}There are now a number of options for assisting people who have trouble dealing with their financial and personal affairs. Some of these options are: | {{Template:Legal Help Guide TOC}}There are now a number of options for assisting people who have trouble dealing with their financial and personal affairs. Some of these options are: | ||
* '''Power of attorney:''' A power of attorney is a document you (the '''donor''') can sign to give someone else the power to conduct your financial affairs. You have to be mentally capable to give a power of attorney, but you can make the power '''enduring''', so that it is still in effect if you later lose your mental capacity. | * '''Power of attorney:''' A power of attorney is a document you (the '''<span class="noglossary">donor</span>''') can sign to give someone else the power to conduct your financial affairs. You have to be mentally capable to give a power of attorney, but you can make the power '''enduring''', so that it is still in effect if you later lose your mental capacity. | ||
* '''Representation agreement:''' A representation agreement is a document prepared for a person (the donor) who, though they may be mentally incapable of making a contract or managing their health care, can still trust another person and communicate their desire for that person (their '''representative''') to make decisions on their behalf. A representation agreement can authorize a representative to make some or all of a wide variety of decisions on behalf of the donor, such as: | * '''Representation agreement:''' A <span class="noglossary">representation</span> agreement is a document prepared for a person (the <span class="noglossary">donor</span>) who, though they may be mentally incapable of making a contract or managing their health care, can still <span class="noglossary">trust</span> another person and communicate their desire for that person (their '''representative''') to make decisions on their behalf. A <span class="noglossary">representation</span> agreement can authorize a representative to make some or all of a wide variety of decisions on behalf of the <span class="noglossary">donor</span>, such as: | ||
**routine financial decisions, | **routine financial decisions, | ||
**health and personal care decisions, | **health and personal care decisions, | ||
**hiring legal counsel, | **hiring legal counsel, | ||
**overriding the donor's refusal of help or medical treatment, | **overriding the <span class="noglossary">donor</span>'s refusal of help or medical treatment, | ||
**making arrangements for the donor's minor children. | **making arrangements for the <span class="noglossary">donor</span>'s minor children. | ||
* '''Committeeship:''' Where a person is not mentally capable of managing his or her affairs, a family member or the Public Trustee can apply to the Supreme Court of BC for an order declaring the person to be mentally incapable and appointing a '''committee''' with the authority to handle financial affairs for them. Once a committee is appointed, the person has no further say about the affairs over which the committee has authority. | * '''Committeeship:''' Where a person is not mentally capable of managing his or her affairs, a family member or the Public Trustee can apply to the Supreme Court of BC for an order declaring the person to be mentally incapable and appointing a '''committee''' with the authority to handle financial affairs for them. Once a committee is appointed, the person has no further say about the affairs over which the committee has authority. | ||
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=== Power of attorney === | === Power of attorney === | ||
# Identify an "attorney". This should be someone you trust with your money (for example, a spouse, friend or immediate family member). The word "attorney" as used here does not mean and does not have to be a lawyer. | # Identify an "attorney". This should be someone you <span class="noglossary">trust</span> with your money (for example, a spouse, friend or immediate family member). The word "attorney" as used here does not mean and does not have to be a lawyer. | ||
# Get legal advice or at least review the resources described below: | # Get legal advice or at least review the resources described below: | ||
#* You will want to consider whether to do a "general" power of attorney, or one limited to specific tasks. | #* You will want to consider whether to do a "general" power of attorney, or one limited to specific tasks. | ||
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=== Representation agreement === | === Representation agreement === | ||
#The person wanting a representation agreement needs to identify a representative. This needs to be someone they trust, not only with their money, but with other decisions they may wish to include in their representation agreement. | #The person wanting a <span class="noglossary">representation</span> agreement needs to identify a representative. This needs to be someone they <span class="noglossary">trust</span>, not only with their money, but with other decisions they may wish to include in their <span class="noglossary">representation</span> agreement. | ||
#Speak with legal or health care professionals for advice on the contents of a representation agreement. | #Speak with legal or health care professionals for advice on the contents of a <span class="noglossary">representation</span> agreement. | ||
#Draft and sign the representation agreement and have it witnessed. Make a number of certified copies. A lawyer or notary public can certify copies. | #Draft and sign the <span class="noglossary">representation</span> agreement and have it witnessed. Make a number of certified copies. A lawyer or notary public can certify copies. | ||
Self-help kits for representation agreements can be purchased for $75 from [[Nidus Personal Planning Resource Centre and Registry]]. | Self-help kits for <span class="noglossary">representation</span> agreements can be purchased for $75 from [[Nidus Personal Planning Resource Centre and Registry]]. | ||
{{Tipsbox | {{Tipsbox | ||
| width = 60% | | width = 60% | ||
| tips = You must be at least 19 years of age to make a representation agreement in British Columbia. You must also be at least 19 to make a will, unless you are or have been married or you are an active member of the armed forces or a mariner at sea. | | tips = You must be at least 19 years of age to make a <span class="noglossary">representation</span> agreement in British Columbia. You must also be at least 19 to make a will, unless you are or have been married or you are an active member of the armed forces or a mariner at sea. | ||
}} | }} | ||
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== What happens next == | == What happens next == | ||
Once the power of attorney, representation agreement or committeeship is in place, the attorney, representative or committee - as the case may be - will have the legal authority described in the document and must act in the utmost good faith in the best interests of the donor. | Once the power of attorney, <span class="noglossary">representation</span> agreement or committeeship is in place, the attorney, representative or committee - as the case may be - will have the legal authority described in the document and must act in the utmost good faith in the best interests of the <span class="noglossary">donor</span>. | ||
A donor with mental competency can withdraw a power of attorney or representation agreement. A committeeship can only be withdrawn by court order. | A <span class="noglossary">donor</span> with mental competency can withdraw a power of attorney or <span class="noglossary">representation</span> agreement. A committeeship can only be withdrawn by court order. | ||
== Where to get help == | == Where to get help == | ||
See the [[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: | ||
*[[Public Guardian and Trustee]]. See their publications, including "It's Your Choice: A Guide to Making a Representation Agreement". | *[[Public Guardian and Trustee]]. See their publications, including "It's Your Choice: A Guide to Making a Representation Agreement". | ||
*[[Nidus Personal Planning Resource Centre and Registry]]. | *[[Nidus Personal Planning Resource Centre and Registry]]. | ||
*[[Access Pro Bono]], [[Lawyer Referral Service]], [[Private Bar Lawyers]]. | *[[Access Pro Bono]], [[Lawyer Referral Service]], [[Private Bar Lawyers|private bar lawyers]]. | ||
* The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1044 How can I help a person who cannot manage their own affairs?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1145 What is a "living will" and is one available in BC?]". | * The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1044 How can I help a person who cannot manage their own affairs?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1145 What is a "living will" and is one available in BC?]". | ||
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 = [[Stan Rule]], February 2013}} | ||
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