Will

Who needs a Will? The answer is simple: everyone. In my opinion, there is no good reason not to have a legal Will. Surprisingly, almost half of all adult British Columbians today do not have a current Will, as demonstrated by several recent provincial polls. What are the consequences of not having a properly executed Will? In purely monetary terms it means that in case of unexpected demise of a loved one the family would have to pay way more to settle the estate in court as compared to the cost of dividing the assets through a Will. The legal expenses alone would be significantly higher than what a Notary Public would charge to draft a simple Will.

And if there are minor children, things would get even more complicated. Without a Will and with no surviving parents, the right to care for underage children might be bitterly fought over in court by various relatives, close and distant. And if no relative steps forward as a suitable guardian then the children’s care becomes the government’s job. It is not unlikely that the children may find themselves in a foster family. A simple way to prevent this scenario is to appoint a guardian in your Will. Notaries in British Columbia are experienced in drafting simple, straightforward Wills. Do not delay, please call my office to make your appointment today.

Power of Attorney

Power of Attorney allows an adult to appoint another person (“Attorney”), to act on his/her behalf in all financial matters, including buying and selling real property and taking care of the adult’s banking accounts and investments. Powers of Attorney come in many forms. They can be either specific or general. As the name implies, a specific Power of Attorney is given to achieve a specific goal, like selling a real property. Once that goal has been achieved, the specific Power of Attorney is no longer valid. A general Power of Attorney can be used for any financial purpose.

There are enduring and non-enduring Powers of Attorney. An enduring Power of Attorney can be used by the Attorney while the adult is still capable of managing his/her own financial affairs, and it continues to be valid even if the adult loses his/her mental capacity. An enduring Power of Attorney does not expire; if the capacity is lost by the adult, the Attorney may keep using the enduring Power of Attorney for as long as both the adult and the Attorney are alive. Non-enduring Power of Attorney automatically expires after the adult loses the mental capacity. Enduring Power of Attorney is now considered an essential part of personal planning package. Your Notary can advise you as to what type of Power of Attorney would better serve your needs.

Representation Agreement

British Columbia’s provincial parliament was at the forefront of Canadian legislators when it passed the Representation Agreement Act in 2011. Under the Act, an adult can appoint a Representative to act for him/her to make personal care and health care decisions on behalf of the adult if the adult loses mental capacity. There are two types of Representation Agreements: Section 7 (Standard) Representation Agreement and Section 9 (Enhanced) Representation Agreement. Section 7 Representation Agreement covers minor health care and routine financial decisions.

Section 9 Representation Agreement gives greater authority to the Representative, including the authority to make critical decisions regarding the adult’s medical treatment. One of the most important things to remember is that a Representation Agreement gives the representative legal guardianship rights over the adult who appointed him/her. Representation Agreements do not expire. Your Notary will advise you on which type of Representation Agreement is right for you.