Q. I had a co-worker mention that she was unable to use her mom’s Power of Attorney for health care purposes when her mom got sick. I was really shocked because I thought that was what a Power of Attorney was for, isn’t it?

A. No. A Power of Attorney allows the person(s) you have appointed to assist you with legal and financial matters. If you wish to appoint someone to assist you with personal and health care matters, you need to have something called a Representation Agreement prepared. This document also allows the person(s) you have appointed to…

With the introduction of the Wills & Estates Succession Act last year, are there any changes to who gets a share of my estate if I don’t have a Will?

Yes there are. An estate used to be divided on the basis of “consanguinity” and it is now divided in a “parentelic” manner. If you have a spouse and no “descendants”, everything goes to your spouse. If you have no spouse, everything goes to your descendants. If you have a spouse and descendants there is…

I want to be an organ donor when I die. Is this something I must include in my Will or is it sufficient to tell someone or just have it noted on my drivers licence?

Although you should certainly share your decision with family members so that they are aware of your wishes, you must register with the Organ Donor Registry to be an organ donor in British Columbia. The Organ Donor Registry replaces all previous ways of recording your wishes, including signing up through your B.C. Driver’s Licence or…

I have been told by your office that if I bring my elderly mother in to see you for a Power of Attorney, I will have to stay in the waiting room. I am not very happy about that. Can you tell me why I can’t come in?

There are a number of reasons. Firstly, because I have to determine whether she has capacity to give a Power of Attorney. In order for someone to give Power of Attorney, they must have a very high level of capacity as it is a very powerful document. Often, quite senior clients will look to their…

Q. We had our Wills done last year and there was a Will’s Notice filed at that time with the Wills Registry. So what happens if we move? Should there be a new Notice filed and if so, who does that?

A Will’s Notice indicates that you have done a Will, the date it was signed and the location of the original. If you move and the location of your original Wills changes from what is in the Registry, or of course if you do a new Will, you should definitely file a new Notice with…