POWER OF ATTORNEY - BRITISH COLUMBIA

SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
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SECTION ONE : POWER OF ATTORNEY IN BRITISH COLUMBIA
·        LEGAL POA : WEB SEARCH : BC POA ACT
PEOPLES LAW REFERENCE
*** PRIMER ***
ENDURING POWER OF ATTORNEY FORM
GENERAL POWER OF ATTORNEY - SHORT FORM
MEDICAL POWER OF ATTORNEY : INCAPACITY PLANNING
REPRESENTATION AGREEMENT
ESTATE EXECUTOR IN BRITISH COLUMBIA : FORMS : GUIDE-2 : PLS
WILLS, ESTATES SUCCESSION ACT, BC : ACT BC
VALID WILLS *** NOTE CURRENT ***
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Forms

"The standard forms published by the Ministry of Justice are intended to assist individuals to plan for possible future incapability. The use of these forms is optional. An individual who wants to make a representation agreement or an enduring power of attorney does not need to use these standard forms, but still must make sure that their document complies with the requirements of the legislation.
The standard forms may not be appropriate for use by everyone because they provide only one option of how a representation agreement or enduring power of attorney may be made. For example, these forms provide for the appointment of only one representative or attorney to act at a time. There are also many other options provided in the legislation that are not reflected in these forms: for example, the type of authority that may be given or when the document will come into effect.
Please note that the forms and accompanying notes do not constitute legal advice. For further information, consult the legislation or seek legal advice.
With the Representation Agreement (Section 9) Form (PDF) an adult may name a representative to do anything that the representative considers necessary in relation to the personal care or health care of the adult.
With the Representation Agreement (Section 7) Form (PDF) an adult may name a representative to help make decisions, or make decisions on behalf of the adult, with respect to personal care and health care, the routine management of financial affairs and obtaining legal services for the adult and instructing counsel.
In order for a representation agreement (Section 7) to be effective, the following certificates must be completed, as applicable:
  • Form 1 (Certificate of Representative or Alternate Representative);
  • Form 2 (Certificate of Monitor), if the representation agreement names a monitor;
  • Form 3 (Certificate of Person Signing for the Adult), if a person is signing the representation agreement on behalf of the adult;
  • Form 4 (Certificate of Witnesses).
These certificates can be found in the Representation Agreement Regulation.
With the Enduring Power of Attorney Form (PDF) an adult may name an attorney to make decisions on the adult’s behalf in relation to financial affairs and do anything that the adult may lawfully do by an agent (in this case, their attorney) in relation to their financial affairs.

Advance Directives

  was amended to provide for advance directives for health care decision making. An advance directive is a written instruction made by a capable adult that gives or refuses consent to health care in the event that the adult is not capable of giving the instruction at the time the health care is required. There are specific requirements to make a legally effective directive. Please consult the legislation or seek legal advice."

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“Who may act as attorney

18  (1) An adult may name one or more of the following persons as an attorney:
(a) an individual, other than an individual who
(i) provides personal care or health care services to the adult for compensation, or
(ii) is an employee of a facility in which the adult resides and through which the adult receives personal care or health care services;
(b) the Public Guardian and Trustee;
(c) a financial institution authorized to carry on trust business under the Financial Institutions Act.
(2) Despite subsection (1) (a), an individual described in subsection (1) (a) (i) or (ii) who is a child, parent or spouse of the adult may be named as an attorney.
(3) If an individual who is not an adult is named as an attorney, the individual must not act as attorney until that individual is an adult.
(4) An adult who names more than one attorney may assign to each of them
(a) a different area of authority, or
(b) all or part of the same area of authority.
(5) If all or part of the same area of authority is assigned to more than one attorney, the attorneys must act unanimously in exercising the authority, unless the adult does one or more of the following in the enduring power of attorney:
(a) describes the circumstances in which the attorneys need not act unanimously;
(b) sets out how a conflict between attorneys is to be resolved;
(c) authorizes an attorney to act only as an alternate attorney and sets out
(i) the circumstances in which the alternate is authorized to act in place of the attorney, including, for example, if the attorney is unwilling to act, dies or is for any other reason unable to act, and
(ii) the limits or conditions, if any, on the exercise of authority by the alternate.
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·        MEDICAL POA : WEB SEARCH

SECTION TWO : WILLS IN BRITISH COLUMBIA
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SECTION THREE : DO NOT RESUSCITATE INSTRUCTIONS IN BRITIH COLUMBIA

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