Wills, Power of Attorney, Representation Agreement

(Estate & Personal Planning)

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Wills, Power of Attorney, Representation Agreement

(Estate & Personal Planning)

Wills and Personal Planning

A well-drafted WILL is the only document which speaks to your near and dear ones once, you have passed away. It is a legal document that protects those you care about, ensuring they’re not burdened by additional stress during an already difficult time. As a Notary Public in your community, we have a passion for guiding people through personal planning and helping them create up-to-date Will and other important documents

Making a Will

A Will is an important and essential means for delineation of your wishes for the distribution of assets, guardianship of minor children, and the designation of an executor to administer your estate. If you do not have a will, you give up the right to appoint a guardian for your children and allow the government to step in. You also lose control over how your estate is divided. It is expensive for your loved ones to deal with your estate without a Will.

As a professional, it is our duty to determine and ensure that you have the legal capacity to instruct us about your wishes to draft a will. Sometimes, it is too late as life has its own ways.

We will help you to organize your thoughts and walk you through the process of creating your will. If you would like to learn more about making a will, please call or email us.

Personal Planning or shall we say ‘Living Will’

Your Will is a legal document only after you pass away. All of us go through difficult phases in life and sometimes things happen which are beyond our control. Your personal planning comes into play to organize your finances and general well being while you are alive. Therefore, we call these important documents with a cliché’ – Living Will. We help you prepare legal documents which cater for your: healthcare, personal care, legal matters or financial affairs.

Power of Attorney

A Power of Attorney is a document that allows you to authorize another person to act and sign documents on your behalf. It is an important document that every adult should have. It is a very powerful document which can be misused, hence due care must be exercised while drafting it. If you are a professional, most professional bodies need you to have a colleague in the same profession who can deal with accounts and other professional commitments should something happen which precludes you from undertaking your professional responsibilities. This document allows the Attorney nominated by you to take control and deal with the pressing commitments immediately. If the need exists or situation demands, it allows the Attorney to wind down your business without taxing your estate at that point in time. A Power of Attorney is about the present or future, but remember it dies (becomes an invalid document) the day you pass away.

A Power of Attorney can be general or specific. A general Power of Attorney may authorize your appointed Attorney to act on your behalf in a variety of ways, whereas, a specific power of attorney for an explicit purpose and/or for a defined period. A Power of Attorney can be revoked, whenever you choose. A Powers of Attorney can cater for a variety of circumstances and we can prepare this important document to fit your needs.

Why do you need a Power of Attorney?

You may need a Power of Attorney to manage your financial affairs when you are out of town on a vacation. This could be used specifically or for all of the transactions such as buying/selling your home or other financial assets, signing tax returns or simply pay your bills or make deposits into your account.

Enduring Power of Attorney

This type of Power of Attorney allows you to appoint someone to conduct all your financial and legal affairs if you become mentally incapable due to illness or accident. It is a simple and low-priced way to plan. You have the power to choose someone who will help you with your finances. Imagine, your family having to go to court to get the legal authority to manage your affairs, once you become incapable of managing your affairs.

We can help you determine the right Power of Attorney for your needs.

Representation Agreement

A Power of Attorney discussed above is restricted to financial and legal decisions whereas, a Representation Agreement allows you to appoint someone to assist you with your personal healthcare and medical decisions, including providing or withholding consent for specific medical procedures.

When creating a Representation Agreement, it is important to confirm who you want, as well as who you do not want, representing you and making medical decisions on your behalf. A representation agreement comes into effect the day you sign it, or you can choose when or under what circumstances you want the agreement to start. You may also choose to change or revoke a representation agreement at any time, however, if you are declared mentally incapable, you may not be able to change or end the representation agreement.

There are two types of agreements available as per Representation Agreement Act in BC. We can help you choose the right one for you based on your need.

Advance Directive

An advance directive is a legal document in British Columbia for giving specific instructions about healthcare. This document allows you to list your directions to health care professionals instead of leaving the decision in the hands of someone else. This is an additional tool to plan the type of medical care you want to receive, once you are incapable of communicating your decisions. This document makes it easier for your Representative to make tough decisions, if and when the need for the same arises.