Planning for Incapacity · Planning for Incapacity - A Guide for First Nations People Living on...

Planning for Incapacity - A Guide for First Nations People Living on Reserve (2014)

2

Acknowledgements© 2014 Aboriginal Financial Officers Association of BC

Writer and Legal Researcher: Alison Sawyer, LL.B. Policy Reviewer: Katherine Blair, LL.B., AANDC – BC Region

Editing and Layout: Donna McMahon Cover and Illustrations: Robert Mearns

This booklet may not be commercially reproduced, but copying for other purposes (with credit) is encouraged. The booklet is available from AFOABC, or

it can be downloaded as a PDF and printed on your home computer.

Copies of this booklet are available from:

Aboriginal Financial Officers Association of BC 1010 - 100 Park Royal

West Vancouver, BC V7T 1A2 Phone: (604) 925-6370 Fax: (604) 925-6390

www.afoabc.org

IMPORTANT NOTE

This publication explains the law in general. It is not intended to give you legal advice on your particular problem. Each person’s situation is different, so you may need to get legal help.

This Guide is written for First Nations people who are registered under the Indian Act and are “ordinarily resident on reserve” in British Columbia. (See page 9 for definition of “ordinarily resident on reserve”.)

We say “First Nations person” throughout this Guide, but the information in the booklet does not apply to First Nations people living off-reserve or on treaty settlement lands (for example, Nisga’a or Tsawwassen members). This Guide also does not apply to Métis or other aboriginal people who are not registered under the Indian Act. We also

say “band member” in this Guide to refer to people who are registered under the Indian Act and living on-reserve.

All the names of people used in examples in this Guide are made up. They are not real people.

ABBREVIATIONS USED IN THIS GUIDE:

AANDC Aboriginal Affairs and Northern Development Canada

PGT Public Guardian and Trustee


3

Table of Contents1. Legal Planning Documents for

Incapacity ........................................4

1.1 Types of Agreements ............................ 5

2. Power of Attorney

2.1 Who Can Make a Power of Attorney ..... 72.2 How to Make an Enduring Power of

Attorney .............................................. 82.3 Enduring Powers of Attorney and

AANDC ................................................ 92.4 Duties of an Attorney ......................... 10

3. Representation Agreements

3.1 Broad Powers Representation Agreements ....................................... 12

3.2 Standard Powers Representation Agreements ....................................... 13

3.3 Monitors ............................................ 133.4 Representatives .................................. 143.5 Signing Requirements ........................ 143.6 Representation Agreements and

AANDC .............................................. 143.7 Which Forms to Use ........................... 14

4. Advance Directives and “Living Wills”

4.1 About Consent for Medical Treatment .. 154.2 Two Documents for Medical Planning ... 154.3 Advance Directives ............................. 164.4 Rules for Making Advance Directives .... 174.5 Living Wills ........................................ 184.5 Who makes Medical Decisions when

there is no Advance Directive or Representative? ................................. 19

5. Cancelling Legal Documents .........19

6. If Planning is Not Done

6.1 When Problems Arise .......................... 206.2 The Legal Incapacity Process ............... 206.2 AANDC’s Involvement ......................... 216.4 After a Person is Declared Incapable .... 21

SAMPLE FORMS

Sample Enduring Power of Attorney ............ 22

Sample Representation Agreement with Standard Powers ....................................... 25

Notes to Forms ........................................ 32

Sample Broad Powers Representation Agreement ............................................... 33

7. Where to go for more information or help........................36

Who to Contact in Cases of Abuse or Neglect ............................................. 37


44

1. Legal Planning Documents for IncapacityWhen you make your Will, it is a good idea to also make other legal documents to plan for the future, in case you become physically or mentally incapable. For example, you may have very poor physical health so you cannot go to the bank or take care of yourself. You may be in a car accident and be unconscious in hospital. Or you may get confused and have trouble making decisions.

Even if you have a spouse or responsible adult children, you need to have legal documents in place. Your spouse or children cannot withdraw money from your bank account or sell your car without a power of attorney. And it is wise to give somebody the legal right to make medical decisions on your behalf in case of a serious accident, illness or dementia.

Planning ahead is particularly important if you don’t have any close family, or if you don’t get along with your family and would prefer to have a friend help you instead. You want to be sure that decisions for you are made by somebody you trust.

If you haven’t made documents giving authority to someone else, then someone may have to make an application to the BC Supreme Court for a “committee” (an adult guardian) to be appointed to handle your affairs. See Chapter 6.

Making these legal documents does not mean that you lose the right to make decisions for yourself. The documents are there to be used when they are needed. They can be used for a short time if you are sick, and then put away again when you get well. Or you may be capable of making some decisions for yourself, but need assistance with other decisions. You can still participate in decision-making and be consulted.

Different types of legal documents cover different types of decisions (e.g. financial, legal, health care), and have different requirements.

Making these legal planning documents does not mean that you lose the right to make decisions for yourself.

The documents are there to be used when they are needed.


5

1.1 Types of Documents

Legal & Financial Decisions

Personal & Medical Decisions

Type of Document

Major e.g. selling a

house

Minor e.g. paying

bills

Major e.g. refusing life support

Minor e.g. agreeing to dental work

Enduring Power of Attorney X X

Limited Power of Attorney X

Broad Representation Agreement X X

Standard Representation Agreement X X

Advance Health Directive * X

* Under some circumstances doctors can ignore or override an Advance Health Directive, unless it is part of a Broad Representation Agreement. See Section 4.

Who Can Make these Documents - Mental Capacity

Mental Capacity Power of Attorney

Broad Rep.

Agreement

Standard Rep.

Agreement

Must know what property they own. X X

Must understand the powers being granted. X X

Must understand that an attorney or representative might abuse their power. X X

Can indicate that they want assistance with decision-making. X

Understands that the representative will act on their behalf. X

It can be shown that they have a relationship of trust with their representative. X


6

2 Power of Attorney People sometimes need to appoint other people to manage their financial and legal affairs, for example, elders who are frail and can no longer get to the bank to sign forms. A Power of Attorney gives another person the right to make financial and legal decisions for you. The person you appoint as your representative is called the “attorney”.

You can make a Limited Power of Attorney which gives your attorney a few specific powers for a short time. For example, if you are going away on a long trip, you can say “This Power of Attorney is to allow my attorney to pay my bills, do my banking and look after my house while I am away from March 1 to November 30, 2015.”

However, most people should make an Enduring Power of Attorney because it can be used at any time and it continues (“endures”) even after the person making it has become incapable. For example, if you make an Enduring Power of Attorney and then get Alzheimer’s Disease, your attorney can take care of your financial and legal affairs for you.

The document can also prevent official involvement by AANDC or the Public Guardian and Trustee (as long as your attorney is acting responsibly).

The Power of Attorney ends the moment the person who made it dies, even if there is no will.


7

2.1 Who Can Make a Power of Attorney

A Power of Attorney can only be made by an adult who is mentally capable of understanding the consequences of giving authority over their affairs to someone else. (See chart on page 5.)

If there is any question about an adult’s mental capability, BC law says that the lawyer must be sure that the adult understands the following points:

l what property they own and its approximate value;

l the obligations they owe to their dependants;

l that their attorney will be able to do any-thing financially and legally that they could do for themselves (except to write a will);

l that there is a risk their attorney might make foolish decisions or lose money;

l that there is a risk the attorney might misuse their authority;

l that the adult, as long as they are still capable, may revoke (end) the enduring power of attorney at any time.

People who have had a stroke or have a mental illness may still be mentally capable of making an enduring power of attorney. Even if a person cannot communicate very well, they may still be able to understand what the documents are to be used for and the effect of signing them. Or the adult may have mental delusions, but not about their financial and personal affairs.

People who are in the early stages of Alzheimer’s Disease often have “good days” when they think and remember quite well. If they can discuss their affairs and make these documents on a good day, the document is legally binding.

In any of these examples it may be necessary to have a lawyer or a doctor decide on whether or not the adult is “capable” of making a power of attorney, as required by law.

A person who is not mentally capable of making an Enduring Power of Attorney may be able to make a Standard Powers Representation Agreement (see Section 3).


8

An Enduring Power of Attorney is a written, signed document in which you appoint another person to be your “attorney”. (In this case, attorney does not mean a lawyer, it means your agent or personal representative.) You give your “attorney” the power to make financial and legal decisions for you.

The document is called an Enduring Power of Attorney because it continues (“endures”) even after the person making it has become incapable. It is best to make the Enduring Power of Attorney in its most general form so that it can be used to cover any situation involving your financial or legal affairs.

The general form gives powers “for all financial and legal purposes”. That would give the attorney the power to sell any of your property, including your car or house, or to use your credit card. The attorney can also access your bank accounts and any of your investments. (If you do not want your house to be sold, or you want it to be given to a family member, then you can change the Power of Attorney form to say that.)

Most people choose their spouse, a responsible adult child or a close friend to be their attorney. It helps if that person lives nearby and is familiar with your affairs. You can name one person or more than one person. If there’s more than one person, you can require them to make decisions together or let them act alone if one person doesn’t want the job. If you name only one attorney, it’s a good idea to name an alternate in case the first person isn’t available when they are needed.

Obviously your attorney must be somebody you trust. It is a good idea to talk to the

person you want to name as your attorney. You want to make sure they understand the responsibility and are willing to take it on.

The Enduring Power of Attorney form outlines the things you need to be aware of before you sign the document. These things include knowing about your property and finances and understanding of what your attorney can do. (See the sample form on page 22). There is also a list of the attorney’s responsibilities (on page 10).

If you do not own land off-reserve, you can sign an Enduring Power of Attorney in front of any two witnesses (such as friends or neighbours). The person you are appointing as your “attorney” also signs in front of two witnesses (who can be the same witnesses). If you own land off-reserve, the document must be signed in front of a notary or lawyer.

An Enduring Power of Attorney takes effect the moment you sign it, but you don’t have to use it. You can sign the document and put it in a drawer. You can give the document to your attorney later when you need them to act for you.

You do not have to be mentally incapable before your attorney can act. The document can be used when it becomes difficult to go to the bank, or when you cannot see well enough to fill in forms yourself.

The appointment ends when you die. Once the person who made the Power of Attorney is dead, the document is no longer in effect. The Will comes into effect from the moment of death. If there is no Will, the Enduring Power of Attorney is still finished at the moment of death.

2.2 How to Make an Enduring Power of Attorney


9

2.3 Enduring Powers of Attorney and AANDC

the power of attorney. If you are living on reserve, AANDC will then take over your financial and legal affairs.

If it AANDC decides that it is in your best interests to have someone other than AANDC manage your affairs, and there is someone suitable in the community, then AANCD may have that person manage your financial affairs.

AANDC has ultimate authority over the financial affairs and property of a mentally incapable adult if there is no power of attorney or if the power of attorney has been overturned by the Supreme Court of BC or by the Public Guardian and Trustee.

If you have an Enduring Power of Attorney and somebody is managing your affairs, it is unlikely that the BC courts or AANDC will get involved in your affairs. The only situation where they might get involved is if somebody thinks your attorney is abusing or neglecting you or your affairs, and asks for an investigation.

There are three ways a power of attorney can be revoked (cancelled).

1. If you are mentally capable and you do not like how your attorney is doing their job, then you can revoke the power of attorney by signing a revocation. (If you haven’t given anyone a copy of the document, you can simply tear it up.)

2. If you have become mentally incapable and your attorney is abusing their authority (see list of duties on page 10), then anyone can ask the Public Guardian and Trustee (PGT) to conduct an investigation. The PGT has the power to revoke a power of attorney.

3. A person who has an interest in your affairs can apply to the Supreme Court of BC to replace the attorney with a committee (a court-appointed legal guardian). This is an expensive legal process. It is simpler to get the Public Guardian and Trustee involved.

If your Enduring Power of Attorney is cancelled by the Court, the Court may also declare you incapable of managing your affairs. The Public Guardian and Trustee can also declare that you are incapable of managing your financial affairs and issue a Certificate of Incapability which revokes

“Ordinarily resident on reserve”

means that the person makes his or her home on reserve. A person may be considered ordinarily resident on reserve, even if they are away from the reserve for a while.

For example, someone may have lived on reserve all of their life, but when they are elderly they have to move into a care facility off-reserve. That person is still considered to be ordinarily resident on reserve, even if they live in the care facility for many years.

Someone who is away from home to attend school or do seasonal work is also still considered to be ordinarily resident on reserve.


10

Duties of an “Attorney”

(Note: The word attorney means agent or representative.)

DUTIES - An Attorney must:

• act honestly and in good faith

• act in the best interests of the donor

• make careful and cautious decisions

• consider the donor’s personal care and health care needs first, before other financial concerns

• do only what they are authorized to do

• make only the investments permitted by the Trustee Act

• keep the donor’s money or other assets separate from their own assets (except for jointly owned assets, such as a house)

• keep records and have them available for inspection

• make sure the donor has the use of their personal possessions

• not sell or give away property that is listed as a gift in the donor’s will

• as much as possible, involve the donor in making the decisions that will affect them.

POWERS

• An attorney may hire an expert (such as a lawyer) to assist them.

• The attorney may be reimbursed for any reasonable expenses for performing their duties (example: hiring an income tax preparer).

• Unless specifically permitted by the power of attorney, the attorney may not make loans, gifts or charitable donations.

RECORDS

When the attorney first starts acting for the donor, they must make a reasonable effort to add up all the donor’s assets and liabilities (everything the donor owns and everything they owe). From that point on, the attorney must keep the following records:

• a current list of the adult’s assets and liabilities • records of all of the attorney’s actions • invoices, bank statements and other records.


11

3. Representation AgreementsA Representation Agreement is a legally binding document in which you appoint someone to speak and act for you when you can’t speak for yourself because of illness, accident or disability. This agreement is different than an Enduring Power of Attorney because it covers personal care and health care.

Most people make two separate documents: an Enduring Power of Attorney for legal and financial matters and a Broad Powers Representation Agreement for personal and health care decisions. But if your mental capability is weakening, you may not be able to make an Enduring Power of Attorney. You may be able to make a Standard Powers Representation Agreement. (See below.)

You can name one person as both your Attorney (for financial matters) and your Representative (for personal and health care

decisions). Or you can choose two different people. You should also name an alternate representative in case your first choice is not able to act when needed.

There are two types of Representation Agreements. The Broad Powers Representation Agreement covers all possible medical situations, including end of life decisions, such as refusing life support. The Standard Powers Representation Agreement only covers routine health or personal care matters and routine financial matters, but it can be made by somebody who is not mentally capable of making an Enduring Power of Attorney.

The Broad Powers Agreement is also called a Section 9 Agreement. The Standard Powers Agreement is called a Section 7 Agreement. This refers to the sections of the BC Representation Agreement Act.

Standard Powers (Section 7 Agreement)

l Giving consent for most major health care, and all minor health care, such as routine medical tests and dental work.

l Handling routine financial matters, such as paying bills.

Broad Powers (Section 9 Agreement)

l Giving consent for all possible medical decisions, including major surgery, or end of life decisions such ending life support.

l Giving consent for restraint, or moving an adult into a care facility against their wishes.


12

To write and sign a “broad” representation agreement, an adult must have a high degree of understanding, similar to that required for an enduring power of attorney. This is because the Broad Powers allow the representative to make decisions about medical treatment when the adult is dying. Doctors are required to treat the adult as instructed by the representative, and/or as set out in the representation agreement.

Mrs. Joe lives alone in her house. She has been getting more and more confused and is not taking care of herself or the house. She forgets to eat or take her diabetes medication, and several times she has fallen and hurt herself. Mrs. Joe gets very upset at the idea of leaving her home and refuses to even talk about it. Neighbours and the visiting nurse are helping, but her health is getting much worse.

Fortunately, Mrs. Joe made a Broad Powers Representation Agreement years before. Her daughter, who is her Representative, puts her on a waiting list for a care facility.

If you are going to give your representative the power to make those kinds of decisions, you must be able to understand the powers that you are granting.

Examples of Broad Powers

Broad Powers Representation Agreements can give your representative full powers over health care decisions. Your representative must act according to your pre-expressed wishes, whether they are written in your representation agreement or not. Examples of what your representative can do with Broad Powers:

l ask the doctor to not give antibiotics for pneumonia when the person has end-stage cancer;

l decide when to end life-support.

What you say in this type of Representation Agreement cannot be overridden by doctors.

When you write the Broad Powers Representation Agreement you should also write an Advance Care Directive or a Living Will, where you say what kind of specific treatments you want your representative to agree to or refuse. So long as you are still mentally capable, you can change those documents at any time if your health changes.

3.1 Broad Powers Representation Agreements


13

3.2 Standard Powers Representation Agreements

The other type of Representation Agreement is used when the person who needs it has limited mental capability, for example, as a result of a stroke, or because they have developmental disabilities. A person who may not be capable of managing their money may draw up this kind of Representation Agreement, even though they can’t make a power of attorney (see chart on page 5).

To make this type of agreement, the adult must know that they need help with making decisions and must be able to identify and choose a trustworthy person to help them. These are the points that the law considers:

l the adult can communicates a desire to have a representative make decisions;

l the adult can demonstrate choices and preferences and can express feelings of approval or disapproval of others;

l the adult is aware that making the agreement will give their representative the power to make decisions that affect them;

l the adult has a relationship of trust with their proposed representative.

Examples of Standard Powers

This Standard Powers Representation Agreement gives the representative the right to make many medical and health care decisions. It can also give the right to make routine financial and legal decisions.

Examples of what your representative can do with Standard Powers are:

l pay bills, make loan payments, buy insurance, prepare and file income tax returns;

l decide about your food, clothing, social activities, and visits with families and friends;

l decide where you live (but they may not admit you to a care facility);

l consent or refuse common health tests and surgeries, but not end of life treatment.

3.3 Monitors

In a Standard Representation Agreement you can also appoint another person as a “Monitor” to oversee your Representative. The Monitor can object to a decision being made by the representative.

If your Standard agreement covers routine financial matters, a Monitor must be appointed unless the representative is one of the following:

l your spouse l a credit union l a trust company l the Public Guardian and Trustee

Monitors are not required for a Broad Powers Representation Agreement, but it can sometimes be a good idea to appoint one, for example if think your representative may not be able to handle your end of life wishes. However, it is best if you chose a representative who is comfortable with carrying out their duties before you draw up the agreement.


1414

3.4 Representatives

A Representative or Alternate Representative must be 19 years of age or older, and must not be a paid caregiver to the adult (except if they are a child, parent or spouse of the adult).

Your representative must be available (they shouldn’t live too far away), and they must be able to talk to doctors or your bank sensibly. They should not be in a conflict of interest with you. For example you may not want the spouse you are separated from making decisions about your health care.

3.5 Signing Requirements

A Representation Agreement must be witnessed by two witnesses who are present when it is signed, or it can be signed in front of a lawyer or notary. The representative appointed in the Agreement must also sign in front of witnesses.

3.6 Representation Agreements and AANDC

For status Indians living on reserve, a Representation Agreement continues in effect unless you are legally found incapable (through a Certificate of Incapacity or a court declaration). So long as you are not legally declared incapable, your chosen representative can simply start assisting you when you need help. AANDC, the regional health authority and the BC Public Guardian and Trustee will only get involved if a problem occurs (for example, if someone reports that you are being neglected or abused).

3.7 Which Forms to Use

Standard Representation Agreement (Section 7)

Required:

√ Standard Representation Agreement Form

√ Certificate of Representative

√ Certificate of Witness

May be Required:

__ Certificate of Alternate Representative (if there is an Alternate)

__ Certificate of Monitor (if there is a Monitor)

__ Certificate of Person Signing for the Adult (if the Adult is unable to read or physically unable to sign)

Broad Powers Representation Agreement (Section 9)

Required:

√ Broad Powers Representation Agreement Form

May be Required:

__ Certificate of Person Signing for the Adult (if the Adult is unable to read or physically unable to sign)

If you are declared mentally incapable by the Court or by a Certificate of Incapability, the financial powers of a Representation Agreement end automatically, and AANDC becomes responsible for managing your financial and legal affairs.


15

4. Advance Directives and “Living Wills”4.1 About Consent for Medical Treatment

You cannot be given any medical treatment by a doctor or health care professional in British Columbia without your consent, unless it is an emergency and your life is in immediate danger. The doctor must ask you if you agree to have each treatment or test or drug. Doctors may ask for your consent very quickly, before you are ready to decide, but you have the right to ask them for more details until you are comfortable that you know whether or not to give your consent.

An Advance Directive is a legal document in which you give or refuse consent for a specific treatment for a specific problem. You can make an Advance Directive without making a representation agreement, but it is not flexible. Circumstances can change.

If you are in hospital unconscious, or if you have become mentally incapable, it is important to have a representative who knows you and understands your wishes and values, and who can make decisions for you in situations that you hadn’t thought of in advance. For example, your health may change unexpectedly, or new medical treatments may become available. An Advance Directive is not flexible but a representative can be.

A Representation Agreement with Broad Powers is your best tool for making sure your beliefs and wishes are honoured. An Advance Directive can be written into and included in a Broad Powers Representation Agreement.

4.2 Two Documents for Medical Planning

There are two types of documents you can use to plan for medical treatment in B.C. One is an Advance Directive. It is legally binding, so there are rules you must follow to make it correctly.

The other is a Living Will. There is no law in B.C. about living wills. You can therefore write it out in any format you choose. You describe your wishes for what kind of treatment you want or don’t want for medical problems you think you are likely to have in the future.


16

Advance Directive

l Legal document.

l Person making it must be mentally capable.

l Must be signed in front of two witnesses or a lawyer or notary.

l Is very specific about which type of treatment you consent to or refuse.

l It is shown to doctors when needed.

l If the document is correctly made, you can refuse a particular treatment.

l You can also consent to treatments, but there are circumstances where doctors do not have to follow your treatment instructions.

l You cannot ask for treatments that are not legal such as assisted suicide

Living Will

l Not legally binding.

l Outlines your general wishes for medical treatment.

l Can include statements about your values and beliefs.

l Must be signed, but witnesses are not required.

l Should be dated.

l Is given to your representative to help them make decisions.

4.3 Advance Directives

The law and medical system in British Columbia recognize a legal document called an Advance Directive.

This document does not appoint a representative. It simply says what kind of treatments you want or do not want if you cannot speak for yourself. A very common type of Advance Directive is a “Do Not Resuscitate” order. This is often made by people who are terminally ill, and who do not want to be revived if their heart stops. Unfortunately, things can happen that you do not expect. There might be a situation where resuscitation would be the right thing to do, but the instructions say not to resuscitate.

NOTE: If you have made a Representation Agreement with Broad Powers, you do not need an Advance Directive, but you can include an Advance Directive in the Agreement.

Advance Directives give specific instructions for specific situations. For example, you may say that if you get pneumonia you want to be given antibiotics, even if you have advanced dementia.

A situation where you might want to make an advance directive would be if you haven’t written a representation agreement and you are facing a particular medical treatment.


17

Example: Lillian needs surgery to remove a tumour. She makes an advance directive giving consent for surgery to remove that tumour.

During the operation, the doctor notices a skin condition that should be biopsied. Unless the situation is a medical emergency (e.g. she might die immediately without treatment), the doctor cannot do the biopsy without a new consent. They must finish the operation, close up, and wait to talk to her. Then, if she consents, the doctor does the biopsy.

Advance Directives are more likely to be followed when you say what types of treatment you don’t want. For example, you could say that you did not want your breast removed by surgery under any circumstances. If you refuse treatment, the law says the doctor must follow your instructions.

When you are giving consent, the law says that the doctor may follow your instructions. In other words, doctors can sometimes override or ignore an Advance Directive. This is because situations can arise that you did not expect and are not covered by the Directive.

Doctors can ignore your advance directive if:

l the instructions do not cover the exact medical situation;

l the instructions are vague or unclear;

l the adult’s wishes, values or beliefs have changed dramatically since the document was made;

l new medical treatments have become available to treat the condition.

4.4 Rules for Making Advance Directives

Broad statements such as: “in the event that I have a terminal illness, I do not want my life prolonged by treatment except to make me comfortable”, are usually considered to be too vague for an advance directive. The broad statement given as an example above would be the type of statement you might want to put in a living will (see Section 4.5).

Advance Directives cannot be made for certain types of medical procedures that are highly unusual and risky or illegal, such as assisted suicide.

You can only have one advance directive at a time. If you want to change your instructions, you need to cancel the first directive and write a new one. This means that you must be mentally capable to understand the effect of changing your instructions.

You must be 19 or over when you write an Advance Health Directive and mentally capable enough to understand the medical procedure and the directions you are giving. The instructions will continue to be valid even if you become incapable later.

You must sign an Advance Directive in front of two witnesses who are present with you when you sign the document. The witnesses can not be paid caregivers, hospital or clinic personnel or accountants, but can be a lawyer or notary.


18

4.5 Living Wills

The other type of planning document is often called a living will. It is especially useful to write a living will to go along with your representation agreement. It does not replace a representation agreement or an advance directive.

A living will is a written, signed document in which you express your wishes so that your family and your legal representatives will know what to do if you are unable to speak for yourself. You can include statements about your beliefs and values to help guide them in making decisions for you.

EXAMPLE: I do not believe in hastening death, but I am more afraid of hopeless pain than I am of death. If I have a terminal disease, I wish to be given medication to treat the pain, even if this action may hasten my death.

You can be very general in a living will, or you can be specific. You can describe when you would want to give consent or refuse consent for specific medical treatments, such as not wanting to be given particular drugs. Living wills in BC are simply instructions. There is no legal requirement for doctors to follow a living will. You write a living will so that your representative and/or family will know what you want.

In living wills you can use non-medical language that cannot be used in advance directives, such as “I want to have the plug pulled if...” (see above example) Just be sure that what you say is clearly understandable to any person who reads it.

There is no form for a living will. You must include your name, your signature, and date you signed it. You can change this document at any time. Be sure to give a copy of the living will to your representative or keep it in a place where they will know to look for it.

A living will not only helps your representative to make decisions on your behalf, but your representative can also use this as evidence of your wishes when they are talking to doctors. This can be very helpful to them, especially if they are refusing consent for a treatment that you have said you do not want.

You can include statements about your wishes and beliefs in your representation agreement instead of writing a separate living will. However, a living will is easy to change. You can write a living will at any time and give it to your representative. If your situation or your wishes change, you can change your living will without having to change your other planning documents.

Laws about medical planning are different in every province of Canada, and in the U.S. In some places, the legal documents used for medical planning are called “Living Wills” and they are legally enforceable. A document made outside of B.C. may not be recognized in B.C.


19

5. Cancelling Legal DocumentsYou can cancel your Enduring Power of Attorney, Representation Agreement or Advance Health Care Directive by tearing up all the copies of it. But it is better, just in case you missed a copy, to write and

4.5 Who makes Health Care Decisions when there is no Advance Directive or Representative?

If you are mentally incapable or unable to speak for yourself, and there is no advance directive or representative or commitee (court-appointed guardian), the doctor must get consent for each individual treatment from a “temporary substitute decision-maker.” This is relative or close friend. The law says who the doctor should ask to be your decision-maker, and in what order.

1. Your spouse (married or common-law)

2. An adult son or daughter

3. A parent

4. An adult brother or sister

5. A grandparent

6. An adult grandchild

7. Anyone else related to you by birth or adoption

8. A close friend

9. A person immediately related to you by marriage (e.g. in-laws, step-parents, step-children)

If the doctor can’t find anyone to give consent to treatment on your behalf, then the doctor must contact the Public Guardian and Trustee to get consent to treatment.

This is true whether you are on reserve or off reserve, and even if AANDC is managing your financial and legal affairs.

sign a new document saying that you have cancelled the old document. Make sure that you give the new document to everyone who received the previous document.

TIP

Whatever kind of planning document you have, or even if you don’t have one, it is a good idea to have emergency contact information on a card in your wallet.

My full name is ___________________________________

In case of medical emergency, please call: _____________________________ __________________ (name) (phone)

My doctor’s name is: ______________________________

I have: an advance care directive a representation agreement


20

6. If Planning is Not Done6.1 When Problems Arise

When a person has an serious stroke or accident, becomes very frail (extreme old age) or develops dementia and can’t manage daily life, family members will often step in and help out informally. This can work for a while, but if nobody has the legal right to handle things like banking, problems can arise. Here are some common examples:

l House insurance needs to be renewed.

l An adult who is ill needs a care aide.

l An adult with dementia needs medical treatment.

If any of these situations is happening and legal documents have not been prepared ahead of time, a legal process must be started under BC law.

6.2 The Legal Incapacity Process

6.2.1 Money and Property Issues

If an enduring power of attorney has not been signed and the problem is only about managing money or property and neglect and/or abuse is not an issue, the first thing to do is contact the BC Public Guardian and Trustee. This office may help family and friends to have the adult assessed through the Regional Health Authority and/or by their own doctor. If the adult is mentally incapable, the doctor will issue a medical certificate of mental incapability which will be sent to AANDC

At that point, if the adult is a status Indian living on reserve, AANDC takes over the management of their financial affairs and property.

6.2.2 Cases of Neglect or Abuse

If an incapable First Nations person is being neglected or abused, even if there is a signed enduring power of attorney and/or representation agreement, the first thing to do is to contact the regional health authority. (In remote areas, it may be easier to call the Public Guardian and Trustee, or call both offices and see who responds first.) If the adult is developmentally disabled, contact Community Living BC. Tell the person on the phone that you need help with an adult who seems to be incapable.

The regional health authorities in BC are responsible for investigating abuse and assessing incapable adults. The Public Guardian and Trustee can be called first. That office may refer the caller to the regional health authority or they may investigate the situation themselves. If speed is important, both offices can be called to see which one will respond faster.

See lists on Page 36 and 37 for contact information.

When to Call for Assistance

Here are some examples of when to call for advice or to start an investigation:

l a caregiver is not allowing family members to visit

l a caregiver is refusing to take the adult to see a doctor

l a family member is stealing from the incapable adult or forging their signature on cheques.


21

AANDC does not investigate claims of abuse, or decide whether or not a person is mentally capable.

Links to more information about what to do in situations of abuse and neglect are provided in the back of this booklet.

6.3 AANDC’s Involvement

First Nation individuals living on reserve are also affected by the Indian Act. In the rest of BC, if an adult is declared incapable, the responsibility for making their financial and legal decisions is passed to the Office of the Public Guardian and Trustee. For status Indians living on reserve, AANDC takes over legal responsibility.

This is another reason that it is very important to plan ahead, and prepare legal documents.

6.4 After a Person is Declared Incapable

After a regional health authority or Public Trustee and Guardian investigation, a legal document will be issued under BC law. It will either be a court order declaring a person incapable of managing their affairs, or a medical “Certificate of Incapability.

The Indian Act gives AANDC authority for the property of mentally incapable persons. Therefore, AANDC automatically becomes responsible for the legal and financial affairs of person whom the Court has declared mentally incapable or who has been given a medical “Certificate of Incapability”.

AANDC does not make personal or health care decisions. If there are no planning documents, and a Certificate of Incapability

has been issued, a legal process must be started in the BC Supreme Court to have a committee (court-appointed legal guardian) appointed. This can be a relative or friend.

Ensuring that your Wishes are HonouredIn most cases, if an Enduring Power of Attorney or a Representation Agreement has been made, AANDC will not become involved in an incapable adult’s affairs. AANDC only gets involved if a relative goes to court to have the legal document cancelled or if the Public Guardian and Trustee steps in and issues a Certificate of Mental Incapability. This is very rare.

For most people, making these documents means that someone you trust will manage your affairs without any involvement from AANDC.


22

Sample Enduring Power of Attorney

1. This enduring power of attorney is made on _________________ by me,

______________________________________, the adult, whose address is

_________________________________________________________________.

2. Attorney

I name the following person to be my Attorney in accordance with Part 2 of the Power of Attorney Act:

____________________________________, my __________________________,

whose address is ____________________________________________________.

3. Alternate Attorney

I name the following person to be my Attorney in accordance with Part 2 of the Power of Attorney Act, and authorize that person to act in place of my Attorney as my Alternate Attorney if my Attorney resigns in accordance with section 25 of the Power of Attorney Act and paragraph 5, below, or the authority of my Attorney ends due to her mental or physical incapability:

____________________________________, my __________________________,

whose address is ____________________________________________________.

4. Determination of Incapability

My Attorney, __________________________________, will be considered to be incapable when two medical doctors, each of whom is either a member of the College of Physicians & Surgeons of British Columbia or licensed to practice medicine in the jurisdiction in which that Attorney is then located, each provide a statutory declaration in which he or she declares that my Attorney is incapable of managing her financial affairs by reason of mental or physical infirmity.

5. Declaration of Ceasing To Act

If my Attorney, ___________________________________ is unwilling to be my Attorney in accordance with the Power of Attorney Act and to do on my behalf anything that I can lawfully do by an attorney, she may provide a statutory

(Date)

(Full Legal Name)

(Street name and number, Town, Postal Code)

(Relationship, e.g. spouse, sister, friend)(Full Legal Name)


(Relationship, e.g. spouse, sister, friend)(Full Legal Name)


(Full Legal Name)

(Full Legal Name)


23

declaration declaring that she is unwilling to act or continue to act as my Attorney. That statutory declaration will relieve her of any obligations she might otherwise have had under this Power of Attorney.

6. Evidence of Authority of Alternate Attorney

A statutory declaration made by me, my Attorney, or my Alternate Attorney, declaring that one of the circumstances referenced in section 4 and 5 of this Enduring Power of Attorney has occurred (see also section 29 of the Power of Attorney Act), and specifying that circumstance, is sufficient evidence of the authority of my Alternate Attorney to act as my Attorney.

7. Confirmation of Capacity

In making this Power of Attorney, I am aware:

(a) of the property I have and its approximate value;

(b) of the obligations I owe to my dependants;

(c) that my Attorney will be able to do on my behalf anything in respect of my financial affairs that I could do if capable except make a Will, subject to any conditions or restrictions set out in this Power of Attorney;

(d) that unless my Attorney manages my business and property prudently, this value may decline;

(e) that there is a possibility my Attorney could misuse the authority given to my Attorney by this Power of Attorney; and

(f) that I may, while capable, revoke this Power of Attorney.

8. Authority of Attorney

When managing my estate, my Attorney can do anything in connection with my estate that I could do if I were capable and the sole owner of it, including, without limitation, transferring real or personal property, with or without consideration, to herself or to my Alternate Attorney who is her

[optional paragraph:] My Attorney may exercise the powers given to my Attorney, ___________________________________ notwithstanding that my Attorney may have a personal interest and may benefit, directly or indirectly.

(Full Legal Name)


24

9. Continued Authority

My Attorney may exercise the authority granted by this Enduring Power of Attorney while I am capable of making decisions about my financial affairs, and this authority continues despite my incapability to make those types of decisions.

10. Compensation

My Attorney is not to be paid a fee for acting as my Attorney.

11. Effective Date

This Enduring Power of Attorney is effective from the date that it is signed by me and my Attorney.

Execution Date

________ __________ _____ Year Month Day

Officer Signature Donor’s Signature

_______________________________ ____________________________

[Only needs to be witnessed by a solicitor or notary if real estate is involved. If no real estate, can be witnessed by two witnesses who are not the attorneys.]

Officer Certification Statement: Your signature constitutes a representation that you are a solicitor or Notary Public or other person authorized by the Evidence Act, RSBC 1996 c.124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

Witness Signature Witness Signature

__________________________ ___________________________


25

Sample Representation Agreement with Standard PowersMade under Section 7 of the Representation Agreement Act. *

1. THIS REPRESENTATION AGREEMENT IS MADE BY ME, THE ADULT:

Full Legal Name of the Adult: _______________________________________________

Full Address of the Adult: _______________________________________________

_______________________________________________

Date (day/month/year): _____________________

2. REVOCATION OF PREVIOUS REPRESENTATION AGREEMENTS

I revoke all previous Representation Agreements granting authority under Section 7 of the Representation Agreement Act made by me.

3. REPRESENTATIVE

I name the following person to be my Representative:

Full Legal Name of the Representative: ________________________________________

Full Address of the Representative: ________________________________________

_________________________________________________________________________

4. ALTERNATE REPRESENTATIVE (OPTIONAL)

(Cross out this section if you do not want to appoint an Alternate Representative.)

If my Representative

• dies,

• resigns in accordance with the Representation Agreement Act,

• is my spouse, as defined in the Representation Agreement Act, at the time that I make this Representation Agreement, and our marriage or marriage-like relationship subsequently terminates as set out in the Representation Agreement Act, or

• becomes incapable,

then I name the following person to be my Alternate Representative:

Full Legal Name of the Alternate Representative: _______________________________

Full Address of the Alternate Representative: _______________________________

________________________________________________________________________ * See Note 1 on page 32.


26

5. EVIDENCE OF AUTHORITY OF ALTERNATE REPRESENTATIVE

(Cross out this section if you are not appointing an Alternate Representative.)

A statutory declaration made by my Representative, my Alternate Representative (if one is named), or the Monitor (if one is named), declaring that one of the circumstances referenced in section 4 of this Representation Agreement has occurred, and specifying that circumstance, is sufficient evidence of the authority of my Alternate Representative to act in place of my Representative.

6. AUTHORITY OF REPRESENTATIVE

Pursuant to section 7 of the Representation Agreement Act, I authorize my Representative to:

a. help me make decisions and/or

b. make decisions on my behalf about the following:

(Cross out any of the following matters for which you do not want your Representative to have authority.)

a. my personal care;

b. the routine management of my financial affairs, as set out in the Representation Agreement Regulation; *

c. major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act;

d. obtaining legal services for me and instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on my behalf.

* If the representative is given authority to handle routine financial matters, a Monitor must be appointed, unless the representative is the adult’s spouse, a credit union, a trust company, or the Public Trustee.

7. MONITOR

(Cross out this section if you do not want or need to name a Monitor.)

I name the following person as Monitor of this Representation Agreement:

Full Legal Name of Monitor: ________________________________________________

Full Address of Monitor: ________________________________________________

________________________________________________

8. EFFECTIVE DATE

This Representation Agreement becomes effective on the date it is executed.


27

9. SIGNATURES

ADULT’S SIGNATURE

The Adult must sign and date in the presence of both Witnesses.

Signature of Adult: ________________________________________________

Print Name: ________________________________________________

Date Signed: ________________________

WITNESS NO. 1

Witness No. 1 must sign in the presence of the Adult and Witness No. 2.

Signature of Witness No. 1: ________________________________________________

Print Name: ________________________________________________

Address: ________________________________________________

Date Signed: _________________________

If witness is a lawyer or member in good standing of the Society of Notaries Public of British Columbia, check relevant box below:

Lawyer Member of the Society of Notaries Public of British Columbia

WITNESS NO. 2

Second witness is not required if Witness No. 1 is a lawyer or notary. Witness No. 2 must sign in the presence of the Adult and Witness No. 1.


Print Name: ________________________________________________

Address: ________________________________________________

Date Signed: _________________________

REPRESENTATIVE

Signature of Representative: ________________________________________________

Print Name: ________________________________________________

Date Signed: _________________________

ALTERNATE REPRESENTATIVE

Cross out if an Alternate Representative is not appointed.

Signature of Alternate Representative: _____________________________________

Print Name: ________________________________________________

Date Signed: _________________________


28

Form 1 - Certificate of Representative or Alternate Representative

To be completed by each representative and alternate representative named in a representation agreement made under section 7 of the Representation Agreement Act.

Part I - Identification of representative or alternate representative

1. This certificate applies to the representation agreement made ______________________ by _____________________________________________.

2. I am named in the representation agreement as representative or alternate representative.

3. My contact information is as follows:

Name: _______________________________________

Telephone Number: _______________________________________

Address: ______________________________________________________

Date of Birth: _______________________________________

Part II - Certifications made by representative or alternate representative

I certify that:

(a) I am an adult

(b) I do not provide, for compensation, personal care or health care services to the adult who made the representation agreement, or I do provide the services described in this paragraph, but I am a child, parent or spouse of the adult,

(c) I am not an employee of a facility in which the adult who made the representation agreement resides and through which he or she receives personal care or health care services, or I am an employee described in this paragraph, but I am a child, parent or spouse of the adult,

(d) I am not a witness to the representation agreement,

(e) I have read and understand, and agree to accept, the duties and responsibilities of a representative as set out in section 16* of the Representation Agreement Act, and

(f ) I have read and understand section 30** of the Representation Agreement Act and have no reason to make an objection as described in that section.

* See Note 2, page 32 ** See Note 3, page 32

Signature of Representative or Alternate Representative: _____________________________________________

Date: ____________________________

(Name of Adult)

(Date)


29

Form 2 - Certificate of Monitor

To be completed by the person named as monitor as set out in section 12 (5) of the Representation Agreement Act. A monitor is required if the representative has authority to handle routine financial matters (paragraph 6.b of the Standard Representation Agreement form), unless the representative is the adult’s spouse, a credit union, a trust company, or the Public Trustee.

Part I - Identification of monitor

1. This certificate applies to the representation agreement made ______________________

by _____________________________________________.

2. I am named in the representation agreement as monitor.


Name: _______________________________________


Address: ______________________________________________________

Date of Birth: _______________________________________

Part II - Certifications made by monitor

I certify that:

(a) I am an adult

(b) I have read and understand, and agree to accept, the duties and responsibilities of a monitor as set out in section 20*** of the Representation Agreement Act, and

(c) I have read and understand section 30** of the Representation Agreement Act and have no reason to make an objection as described in that section.

*** See Note 3, page 32 ** See Note 4, page 32

Signature of Monitor: _____________________________________________

Date: ____________________________

(Name of Adult)

(Date)


30

Form 3 - Certificate of Person Signing for the Adult

This form is completed if the adult is unable to read or physically incapable of signing. It is to be completed by the person who signs for the adult making the agreement.

Part I - Identification of the person signing on behalf of the adult


by _____________________________________________.

2. I am signed the representation agreement on behalf of the adult.


Name: _______________________________________


Address: ______________________________________________________

Date of Birth: _______________________________________

Part II - Certifications made by the person signing on behalf of the adult

I certify that

(a) I am an adult,

(b) the adult who made the representation agreement was present when I signed the representation agreement on his or her behalf, and directed me to sign because he or she was physically incapable of signing,

(c) I understand the type of communication used by the adult who made the representation agreement when he or she directed me to sign the agreement,

(d) I am not named in the representation agreement as a representative or an alternate representative, and

(e) I am not a witness to the representation agreement.

Signature of person signing for the adult: _____________________________________________

Date: ____________________________

(Name of Adult)

(Date)


31

Form 4 - Certificate of Witnesses

A copy of this form is to be completed by each person witnessing the signing of a representation agreement made under section 7 of the Representation Agreement Act [sections 13].

Part I - Identification of, and certifications made by, witness


by _____________________________________________.

2. I witnessed the signing of the representation agreement by, or on behalf of, the adult.


Name: _______________________________________


Address: ______________________________________________________

Date of Birth: _______________________________________

4. I certify that

(a) I am an adult ,

(b) the adult who made the representation agreement was present when I witnessed the representation agreement,

(c) I understand the type of communication used by the adult who made the representation agreement, or had interpretive assistance to understand that type of communication,

(d) I am not named in the representation agreement as a representative or an alternate representative,

(e) I am not a spouse, child, parent, employee or agent of a person named in the representation agreement as a representative or an alternate representative, and

(f ) I have read and understand section 30** of the Representation Agreement Act and have no reason to make an objection as described in that section.

** See Note 4, page 31

Signature of Witness: _____________________________________________

Date: ____________________________


32

NOTES TO FORMS

3. Section 20 - Duties of Monitors

The monitor does their best to make sure that the representative is acting responsibly and carrying out the wishes of the adult. The monitor has the right to visit and speak with the adult without interference, and to ask the representative to produce records. If the monitor believes that there is a serious problem, they must inform the Public Guardian and Trustee. (See “Complaints”.)

4. Section 30 - Complaints

Any person may make a complaint to the Public Guardian and Trustee if they believe that a representation agreement was not made properly, or that it is being misused.

If a complaint is made, the Public Guardian and Trustee may investigate. If the investigation uncovers serious problems, they can have the agreement cancelled (by issuing a Certificate of Incapability) or have a committee (court-appointed guardian) appointed, or take some other action.

1. Additional Representatives

The form provided in this booklet lets you name one representative and one alternate representative. If you want to have more than one representative or alternative representative, you will need a different form.

2. Section 16 - Duties of Representatives

The Duties of Representatives are similar to the duties of an Attorney under a Power of Attorney (see page 10). Representatives must:

• act honestly and in good faith.

• carry out their duties responsibly and carefully.

• follow the representation agreement (not overstep their powers).

• represent the adult’s wishes, beliefs and values, not their own.

If the adult is no longer capable, the representative does their best to follow any instructions or wishes the adult expressed while they were still capable. In a situation where the representative doesn’t know what the adult would wish, they do their best to act in the adult’s best interests.

Representatives must also:

• keep money and assets separate from their own assets

• keep proper records

• have those records ready for inspection if requested.


33

Sample Broad Powers Representation Agreement

Made under Section 9 of the Representation Agreement Act.

1. THIS REPRESENTATION AGREEMENT IS MADE BY ME, THE ADULT:

Full Legal Name of the Adult: _______________________________________________

Full Address of the Adult: _______________________________________________

_______________________________________________

Date (day/month/year): _____________________

2. REVOCATION OF PREVIOUS REPRESENTATION AGREEMENTS

I revoke all of the following made by me.

• all previous Representation Agreements granting authority under section 7 of the Representation Agreement Act;

• all previous Representation Agreements granting authority under section 9 of the Representation Agreement Act.

3. REPRESENTATIVE

I name the following person to be my Representative:

Full Legal Name of the Representative: ________________________________________

Full Address of the Representative: ________________________________________

_________________________________________________________________________

4. ALTERNATE REPRESENTATIVE (OPTIONAL)

(Cross out this section if you do not want to appoint an Alternate Representative.)

If my Representative

• dies,

• resigns in accordance with the Representation Agreement Act,

• is my spouse, as defined in the Representation Agreement Act, at the time that I make this Representation Agreement, and our marriage or marriage-like relationship subsequently terminates as set out in the Representation Agreement Act, or

• becomes incapable,

then I name the following person to be my Alternate Representative:

Full Legal Name of the Alternate Representative: _______________________________


34

Full Address of the Alternate Representative: _______________________________

________________________________________________________________________

5. EVIDENCE OF AUTHORITY OF ALTERNATE REPRESENTATIVE

(Cross out this section if you are not appointing an Alternate Representative.)

A statutory declaration made by my Representative, or my Alternate Representative (if one is named), declaring that one of the circumstances referenced in section 4 of this Representation Agreement has occurred, and specifying that circumstance, is sufficient evidence of the authority of my Alternate Representative to act in place of my Representative.

6. AUTHORITY OF REPRESENTATIVE

Pursuant to section 9 (1) (a) of the Representation Agreement Act, I authorize my Representative to do anything that the Representative considers necessary in relation to my personal care and health care.

7. INSTRUCTIONS OR WISHES (OPTIONAL)

The following are my instructions or wishes with respect to decisions that will be made within the areas of authority given to my Representative under this Representation Agreement:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

8. EFFECTIVE DATE

This Representation Agreement becomes effective on the date it is executed.


35

9. SIGNATURES

ADULT’S SIGNATURE

The Adult must sign and date in the presence of both Witnesses.

Signature of Adult: ________________________________________________

Print Name: ________________________________________________

Date Signed: ________________________

WITNESS NO. 1

Witness No. 1 must sign in the presence of the Adult and Witness No. 2.


Print Name: ________________________________________________

Address: ________________________________________________

Date Signed: _________________________

If witness is a lawyer or member in good standing of the Society of Notaries Public of British Columbia, check relevant box below:

Lawyer Member of the Society of Notaries Public of British Columbia

WITNESS NO. 2

Second witness is not required if Witness No. 1 is a lawyer or notary. Witness No. 2 must sign in the presence of the Adult and Witness No. 1.


Print Name: ________________________________________________

Address: ________________________________________________

Date Signed: _________________________

REPRESENTATIVE

Signature of Representative: ________________________________________________

Print Name: ________________________________________________

Date Signed: _________________________

ALTERNATE REPRESENTATIVE

Cross out if an Alternate Representative is not appointed.

Signature of Alternate Representative: _____________________________________

Print Name: ________________________________________________

Date Signed: _________________________


36

7. Where to go for more information or helpNidus Personal Planning Resource Centre and Registry

A non-profit providing information about personal planning. This is a very useful resource especially for help with writing representation agreements.

www.nidus.ca

The People’s Law School

They publish free booklets with information for the general public, plus their website has online videos and answers to frequently asked questions.

www.publiclegaled.bc.ca.

The People’s Law School 150 – 900 Howe Street Vancouver, BC V6Z 2M4 Telephone: (604) 331-5400

Lawyer Referral Service

Telephone: (604) 687-3221 Telephone: 1-800-663-1919 (toll free)

This service is operated by the BC Branch of the Canadian Bar Association.

You are given the name of a lawyer in your area of BC. You then call the lawyer to arrange for a half-hour consultation. This half hour meeting costs $25 plus tax.

ClickLaw

This on-line website, www.clicklaw.bc.ca, is operated by the Courthouse Libraries of BC. Look under “Wills and Estates and Life Planning” or “Aboriginal” (for Your Community). This is an online service only.

Public Guardian and Trustee of BC

700-808 West Hastings Street Vancouver, BC V6C 3L3

Telephone - Vancouver: (604) 660-4444 Telephone - Victoria: (250) 387-6121 Telephone (BC toll free): 1-800-663-7867

Email: [email protected] Website: www.trustee.bc.ca

PGT manages the affairs of adults who have been declared incapable and do not have a representative or committee to act for them.

You can also reach PGT by calling Service BC and asking to be transferred to the Public Guardian and Trustee.

Aboriginal Affairs and Northern Development Canada

The BC Region Estates Unit has useful publications about wills, estates, minor children and mental incapability. Publications specifically for people living on-reserve in BC can be requested by phone or email:

Aboriginal Affairs and Northern Development Canada, British Columbia Region 1138 Melville Street, Suite 600 Vancouver, BC V6E 4S3

Phone: (local) (604) 775-5100 Phone: (toll-free) 1-888-917-9977 Fax: (604) 775-7149

E-mail: [email protected] Website: www.aadnc-aandc.gc.ca


37

Community Living BC (CLBC)

CLBC is the Designated Agency for all individuals with a developmental disability who are eligible for CLBC services. For locations and contacts, visit http://www.communitylivingbc.ca

IF YOU DON’T KNOW WHICH NUMBER TO CALL IN YOUR COMMUNITY:

Contact the person below for your area:

Northern Health - Prince George Adult Protection Line: 250.565.7414

Vancouver Island Health - Matt Scott: [email protected]

Vancouver Coastal Health - Re:Act Response Resource: 1.877.732.2899

Fraser Health - Leanne Lange: [email protected]

Interior Health - Linda Myers: [email protected]

For more information contact: [email protected]

Dial-A-Law

Telephone: 1-800-565-5297 Website: www.dialalaw.org

Free recorded information on a variety of legal topics, including wills and estates, available on the phone or on the Web. This service is operated by the BC branch of the Canadian Bar Association.

Who to Contact in Cases of Abuse or Neglect

Fraser Health

1-877-REACT-08 (1-877-732-2808)

Interior Health

For direct community numbers visit www.interiorhealth.ca/ReportAbuse

Northern Health

Prince George Adult Protection Line 250.565.7414

Vancouver Coastal Health

Providence Health Care: 1.877.REACT.99 (1.877.732.2899)

Re:Act Response Resource: 1.877.REACT.99 (1.877.732.2899)

For more direct community numbers visit www.vchreact.ca/report.htm

Vancouver Island Health Authority

South Island 1.888.533.2273

Central Island 1.877.734.4101

North Island 1.866.928.4988

Guide to Aboriginal Organizations and Services

http://www.gov.bc.ca/arr/services/down/guidetoservices_2011.pdf

The Guide is a list of 800 community-based services and organizations in BC, most of which are Aboriginal controlled and operate on a not-for-profit basis.

Planning for Incapacity · Planning for Incapacity - A Guide for First Nations People Living on...

Documents

Transcript of Planning for Incapacity · Planning for Incapacity - A Guide for First Nations People Living on...