Frequently Asked Question

Q: What can a Notary Public do?

A: A Notary Public can assist you in many ways:

1. Real Estate conveyancing and Manufactured Home Transfers
2. Mortgage and refinance of your property
3. Will and Estate Planning
4. Power of Attorney
5. Representation Agreements & Health Care Directives
6. Notarizations, Statutory Declarations
7. Affidavits
8. Builder’s Lien – putting and removing
9. Sale and Purchase of Business

Q: What is Living Will?

A: Living Will is not a legal document in BC. It is term that originated from the United States
The term ‘living will’ has been used to describe a person’s written wishes for their health care treatments, and particularly treatments they do not want in an end-of-life situation.

The options available in BC towards that end are as follows:

1) Representation Agreement Section 9 - a way for you to give legal authority on comprehensive health care and personal care matters to someone you trust.

2) Representation Agreement Section 7 – a way for you to give legal authority on routine finances, health care and personal care matters to someone you trust.

3) Advance Directive – A document which allows you to provide written instructions to give or refuse consent to certain health care matters, if you become incapable and a health care decision needs to be made. It must be made when the adult is capable of understanding the nature and effect of what it covers. An Advance Directive can NOT cover personal care matters.

Representation Agreement Section 9: It is the most comprehensive way to address your healthcare options once you are not capable of taking your own decisions. It is recommended that this document should be prepared when you are fully capable of taking decisions.

Power of Attorney

Q: What can an Attorney appointed under Power of Attorney do for you?

A: An Attorney appointed under a Power of Attorney is a trusted person who in your absence whether due to illness, mental infirmity or even when you are away on vacation can perform all acts and deal with financial and legal affairs as you would do except for making a Will or changing a Will.

General vs. Specific Power of Attorney:

A General Power of Attorney grants your representative full and unlimited duties and powers to handle your affairs in accordance with your instructions; including when it can be used.

A Specific Power of Attorney limits the acts and performances of the Power of Attorney to only those areas defined in the document and/or for a specific period of time, e.g. while away travelling, or a specific task (i.e. selling your house)

Q. Is the Power of Attorney effective after the death of the Donor?

A. No. The Power of Attorney is document which is used while you are alive. It dies with the death of the Donor (person giving the Power of Attorney). After death the Will is the only valid document used by the Estate after your demise.