October 16 - 31 , 2017 PHILIPPINE ASIAN NEWS TODAY IMMIGRATION 11
The Notary Corner
By Editha Corrales Nelson Immigration Consultant , Notary Public , Mediation / Arbitrator
Many of us look forward to the future and often times we ensure that we have enough money saved up for a rainy day - a vacation perhaps or a new outfit or even for retirement ( i . e . RRSP ). Future planning is always in everyone ’ s minds . You can ’ t help but hear it on TV or see it on billboards - INVEST for the future .
As a Notary Public , it is my responsibility to inform you that a legislation has come into effect affecting all British Columbian adults . As adults , we know our capacity to manage our own affairs . However , we may not be aware ( or we may not want to be reminded ) that one day there may come a time our capacity to manage our own affairs could be diminished ( such as those facing our dear seniors or people with life threatening illnesses or are suffering from a mental disability that render them incapable of managing their personal and financial affairs ).
This legislation is called Representation Agreement Act . The Act provides that adults may have a Representation Agreement prepared on their behalf to authorize someone they trust to be their Representative . This Representative can be given authority to make decisions about personal care , health care , and legal and financial affairs , should that Adult become mentally incapable . A Representation Agreement can be customized to the adult ’ s preference and the adult may specify when the Agreement will take effect and under what circumstances . The standard Representation Agreement contains straightforward decisions such as authorizing a Representative to look after the Adult ’ s routine financial affairs or it can deal with
more complicated and complex decisions such as life supporting treatments .
R e p r e s e n t a t i o n Agreements will eventually replace enduring Powers of Attorney . Presently , many of us know that a Power of Attorney only authorizes a person to manage someone ’ s financial affairs but what we do not know is that the Power of Attorney does not authorize anyone to make health or personal decisions . A Representation Agreement , however , will allow for both health care and financial decisions to be made by the Representative . The Act states that its purpose is to allow Adults to arrange in advance how , when , and by whom decisions about their health care , personal care , financial affairs , or other matters will be made if they become incapable of making decisions independently . The intent is to avoid the need for the court to appoint someone .
I have two very healthy 70 something mothers who are still spunky and full of life . However , there will come a time in their young lives that they may need someone - one of their children or one of their numerous grandchildren , perhaps - to act as their respective Representative should they one day become incapable of taking care of their financial or health care affairs . They would have to one day sit with their choice of Representative ( someone they trust ) and discuss when certain decisions will have to be made by that Representative about their finances , personal care or health care . They may even have two or three Representatives and discuss their respective decisions with all of them . Should they choose to , they may appoint a Monitor who will ensure that the Representative ( s )
Representation Agreements : Your wishes and desires on paper
follow my grandmothers ’ respective desires .
Remember , a Representation Agreement is not solely made for seniors but everyone . We can ’ t take our future for granted . We have to make a conscious effort - much like we do when we save for a future event - to ensure that our decisions about every aspect of our lives is respected , abided by and complied with should a temporary disability strike us . We have to have our desires and wishes plainly and simply put on paper for ease of reference .
A Notary Public for the Province of British C o l u m b i a , E d i t h a C o r r a l e s N e l s o n ’ s p r e f e r r e d areas of practice are Powers of Attorney , Wills Preparation , International L e g a l Documents , A f f i d a v i t s , Letters of I n v i t a t i o n , S t a t u t o r y Declarations , Drafting of B u s i n e s s Contracts and other notarial s e r v i c e s . For an appointment , please call : 6 0 4 - 7 7 7 - 2757
T h e f o l l o w i n g should not be construed as providing l e g a l advice and
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information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation . For more information on the subject , contact Editha Corrales Nelson at 604-777-2757 .