My parents are getting quite elderly and I have powers of attorney for them so that I can pay their bills and help make their medical decisions if necessary. Is there anything else I should be getting them to do before they end up ill or come down with dementia?

Power of Attorney, Representation Agreements

I’m glad to hear that you have powers of attorney in place, although those documents are not going to allow you to assist them in making medical decisions. The Powers of Attorney will allow you to look after their legal and financial matters – anything (other than a Will) that needs a signature. If they…

Remote Signing of Wills, Enduring Powers of Attorney and Representation Agreements Presently Available

Power of Attorney, Representation Agreements, Wills

May 19, 2020 – Following consultation with the British Columbia Notaries Association and other groups, the Provincial Government has today announced that legal professionals can ‘remotely witness signatures’ of clients unable to attend a Notaries office in person.   These measures relate to Wills, Enduring Powers of Attorney, and Representation Agreements, and will help ensure…

I just read an ad for a seminar about estate planning that says the most Canadians do not have a proper Living Will. Should I be getting a living will?

Representation Agreements, Wills

Living Wills are not legally recognized in BC. What a living will can do is to provide an expression of your wishes for your representative (under a representation agreement), your family and your friends. If your intent is to have a document in place that allows your family or friends to make medical decisions for…

Q. I keep hearing about these “Representation Agreements” but my understanding is that because my husband and I already have Enduring Powers of Attorney, Representation Agreements are not required. Is that not the case?

Power of Attorney, Representation Agreements, Uncategorized

A.  Absolutely not!  Powers of Attorney, enduring or otherwise, are for legal and financial matters only.  If your intention is to appoint someone to be able to make health and/or personal care decisions for you, the only way to do that in British Columbia is to appoint them under a Representation Agreement.  

My husband and I know what each other wants for their health care. Do we really need Representation Agreements for each other?

Representation Agreements, Uncategorized

If one of you ends up in the hospital in emergency circumstances, you will be able to make decisions for each other. However, it is because you fall into the definition of “temporary substitute decision maker” for each other at that time. On an ongoing basis, you would need a Representation Agreement to discuss your…