August 16 - 31, 2016
PHILIPPINE ASIAN NEWS TODAY
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
IMMIGRATION CORNER
A17
Representation Agreements:
Your wishes and desires on paper
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.
Representation
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 and 90 something
grandmothers 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)
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
WWW.PHILIPPINEASIANNEWSTODAY.COM
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
Columbia, Editha Corrales
Nelson’s preferred areas
of practice are Powers of
Attorney, Wills Preparation,
International
Legal
Documents,
Affidavits,
Letters of Invitation, Statutory
Declarations, Drafting of
Business Contracts and
other notarial services. For
an appointment, please call:
604-777-2757
The following should not
be construed as providing
legal advice and 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 604777-2757.