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Estate Planning Wills Estates Power of Attorney Representation Agreements

   

Family Law
 
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Wills Estates
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Estates
If you are the spouse, or child, of a deceased person and you are not happy with the provisions made for you in the will, or there is no will - you should speak with us. There is legislation that permits a court to vary a will in certain circumstances..


What is a Power of Attorney?
A Power of Attorney is an instrument used to appoint another person or persons to make decisions about your financial and other affairs in the event that you cannot make them yourself due to mental infirmity or other health reasons. They can also be used in your absence i.e. you are out of town and your spouse needs to sell property.
The provisions of Section 56 of the Land Title Act are excluded in Enduring Powers of Attorney so that the Power of Attorney shall remain in force for more than three years.
Powers of Attorney can be prepared fairly quickly and inexpensively. If you don't have an enduring Power of Attorney, a court application to have a Committee appointed would be necessary at a cost of at least $3,000.00 and often at a time, which is not financially or emotionally convenient.


What is a Representation Agreement?
A Representation Agreement is a document, which allows adults to appoint a person or persons to be a Representative to make health care and financial decisions for them should they not be able to make these decisions for themselves.
The adult must also appoint a person to become a Monitor to ensure the Representative carries out his duties according to law. A person must appoint a Monitor unless their Representative is their spouse. If no Monitor is appointed, the Public Trustee may choose someone to become a Monitor by default.

What if you become incapacitated and you don't have a Power of Attorney or a Representation Agreement?
If you become incapacitated and you have appointed no one to look after your medical and financial needs, either through a Power of Attorney or a Representation Agreement, the Court, together with the Public Trustee of British Columbia, can appoint any person to become your committee or legal guardian.
If this happens a member of your family would have to apply to the court to become their committee in place of the court-appointed committee. This is a very expensive and complicated procedure.


Please call us for an appointment at
604.532.9119
604.532.9119
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