INCAPACITY PLANNING
Our lawyers have many years of experience regarding planning for any incapacity you may experience
in the future and preparing the necessary documents to assist you and your family should there be need
for someone to act on your behalf regarding your legal, financial or health care matters.
Incapacity planning includes the following three documents:
- Power of Attorney
- This document allows you to grant the authority to an individual or individuals
to manage your legal and financial affairs. The Power of Attorney Act sets out that the Attorney or
Attorneys are able to deal with your bank and investment accounts, real property, motor vehicles and
any other assets or liabilities in your name solely or jointly with another person. The Attorney is
responsible to act in your best interests regarding any financial transaction to ensure you have
sufficient resources for your proper care and enjoyment of life.
You will also sign a Letter of Direction to our firm setting out when we can release any Powers of
Attorney granted by you and under what circumstances as in BC Powers of Attorney become useable when
they are signed by the grantor.
- Representation Agreement
- This document allows you to grant the authority to an individual to make
any decisions required regarding your health care. According to BC legislation, your spouse has the
right to make any decisions on your behalf if you are unable to make said decisions; however, you may
wish to appoint your spouse and then a child as your Representative to ensure that your wishes will be
followed in the event you are unable to advise your doctor or other medical staff regarding your care.
We will also provide you with a document in which you can set out specific instructions regarding many
medical procedures.
- Nomination of Committee
- This document allows you to name who you would like to be appointed as your
Committee should such an application to the court be required. A Committee is legally seen as if they
are you, except they cannot make a new Will for you or transfer property to themselves, and so are able
to make legal, financial and health care decisions for you. The Nomination is not binding on the court
but is strongly considered in any court proceeding.
