An enduring power of attorney is a document drafted to give authority to one or more people to handle your legal and financial affairs should you be unable to do so. An enduring power of attorney must be put in place prior to an illness or incapacitation. You can also create a document known as a specific or restricted power of attorney, which would normally pertain to such items as dealing with a specific bank account or having a 3rd party sell your home on your behalf while you are out of the country. A specific or restricted power of attorney is usually drafted for a short period of time and can be beneficial if you have assets or property that require active management.

What is a Representation Agreement?

On February 28, 2000 the Representation Agreement Act was partially proclaimed in British Columbia. The intent of that act was to provide British Columbians the ability to arrange in advance for decisions about health, personal care, financial and legal matters. It was initially intended that Representation Agreements would become the primary tool for incapacity planning. After conducting a review of the provincial legislation surrounding planning for incapacity a report has been submitted to the government recommending that Power of Attorney documents remain the primary planning tool in British Columbia for the management of one's financial and legal matters and that Representation Agreements be used for the appointment of a person to make decisions about ones health and personal care. We continue to await a final determination of this matter however at the present time British Columbians are permitted to use either one or both of a Power of Attorney document and a Representation Agreement in their incapacity plan.

What if you do not have a Power of Attorney or Representation Agreement?

If you do not have a Power of Attorney or a Representation Agreement and are unable to manage your affairs due to illness or incapacitation the person or persons who wish to manage your affairs must first apply to the court. The applicants will then be known as a committee and their conduct will be governed by provincial legislation. To protect your interests, both financial and health, the provincial Office of the Public Guardian and Trustee will monitor the actions of the committee under direction from the court. Government intervention usually brings with it a number of additional delays and expense, which can be avoided by having the right Power of Attorney or Representation Agreement drafted beforehand.

If you are looking to have a Power of Attorney or Representation Agreement drafted, or need more information please contact us.