Notaries in Sooke

03/17/2023

02/19/2012

Preparation and registration of non-contentious legal documents in specific areas of practice, including real estate transfers, mortgages, wills, powers of attorney and notarization of documents

02/16/2012

NOTARIES IN SOOKE

02/16/2012

The Society of Notaries Public of BC

02/16/2012

IN SEPTEMBER 2011, THE LAWS IN B.C. CHANGED REGARDING ENDURING POWERS OF ATTORNEY.

What is an enduring power of attorney?
An enduring power of attorney is effective when you
are not capable of making your own decisions. An
enduring power of attorney does not stop you from
managing your own affairs, as long as you are capable.

Who can make an enduring power of attorney?
You may make an enduring power of attorney if you
are 19 years of age or older, and are capable of
making decisions. The law presumes you
are capable unless it is shown that you are not. The
way you communicate is not a factor in deciding
whether you are capable.

Why is it important to have an enduringpower of attorney?
Suppose you become incapable. If you have an
enduring power of attorney, your attorney can make
legal and financial decisions on your behalf. If not,
the courts may have to decide.

Nobody, not even a spouse, has legal authority over
an adult’s financial or legal affairs, even if you become
incapable.

Who should I appoint?
You cannot appoint:
• A caregiver who is paid to provide you with
personal or health care services.
• An employee at the facility where you live if the
place provides health or personal care services.
This rule does not apply if the person providing
the care is a spouse, a parent, or a child. For more
detail, see Power of Attorney booklet and read the
section “Naming an Attorney”.

What does enduring power of attorneycover?
An enduring power of attorney covers legal and
financial decisions only. It does not cover healthcare
and personal decisions.

How do you make an enduring power ofattorney?
It is a good idea to go to a lawyer or notary public
to make an enduring power of attorney. You can
talk with a lawyer or notary public about what your
attorney can do. Note:
• There are rules about the gifts, loans and
donations an attorney can make on your behalf.
• Your attorney cannot make or change a will.
• Your attorney cannot delegate decision-making to
others except to qualified investment specialists.

When does an enduring power of attorney
take effect?
An enduring power of attorney usually takes effect as
soon as you and your attorney sign the documents.
You can continue to manage your financial and
legal affairs for as long as you are capable. But your
attorney can help you with any complicated matters.
An enduring power of attorney can also take effect at
a specified time you name in the document.

What do I need to know about signing the
documents?
You must sign the enduring power of attorney and
have the signing witnessed. You need only one
witness if you use a notary public or a lawyer.
Any attorney appointed after September 1, 2011,
must also sign the enduring power of attorney
document in front of witnesses before they can act.
You and your attorney do not have to sign at the same
time.

Can I cancel an enduring power of attorney?
You can end your enduring power of attorney as
long as you are capable. You must put your decision
in writing. The written decision is called a “Notice of
Revocation”. You must give a signed and dated copy
of the written Notice of Revocation to your attorney,
or attorneys.

I was appointed enduring power of attorney.
I want to resign. How can I do this?
If you want to resign, you must put your decision in
writing. The written decision is called a “Notice of
Resignation”. You must give a signed and dated copy
of the written Notice of Resignation to the person
who appointed you and any other attorneys.
If the adult is incapable, you must also give the Notice
of Resignation to the adult’s spouse, near relative or
close friend.

If you would like to learn more about Enduring Powers of Attorney documents, please call Cheryl at Notaries in Sooke Ph (250) 642-3318 or email cheryl@ notariesinsooke.ca to arrange a free consultation appointment.

02/16/2012

What happens if you die without a Will?

A positive and caring commitment we can make for ourselves and our families is to prepare or update our Wills – or encourage our loved ones to do so.

The Society of Notaries Public of B.C. conducted a province-wide poll in 2010 and found that, on average, only 51% of British Columbians aged 18+ have a current and legal Will.

A properly executed Will can create certainty of our intentions for the distribution of assets and personal effects, the guardianship of minor children and pets, the responsibility for carrying out our wishes (an executor), and other vital details such as funeral arrangements.

When someone dies without a Will, it can create additional grief for family and friends. Without a Will, any one of the heirs may apply to the court to administer the estate. If the other heirs do not agree with this appointment—or if no one steps up—by law the office of the B.C. Public Guardian and Trustee must manage the estate and charge a fee for the work. Some people face years of financial expense and time to unravel a loved one’s finances. To those left behind to handle the paperwork, a Will is priceless.

In my experience, most people are relieved after they make a Will and are surprised at how easy the process is. Will-planning and the related discussions among loved ones can open important channels of communication, bring people closer, and create more certainty and peace of mind for all.

If you would like to discuss preparing a Will or refer a family member or friend, please contact me at (250) 642-3318 and I’d be pleased to help.

02/16/2012

PERSONAL PLANNING
vs.
ESTATE PLANNING

Notaries in Sooke encourages all Adults to learn more about the planning tools available to them now, in order to avoid having to make difficult decisions while under physical or emotional stress in the future.

One of the most important and caring things you can do for yourself and your loved ones is to prepare in advance for a time when you may not be able to express your own needs and wishes.

Expressing and legally documenting your preferences and instructions can protect you and your family members from financial abuse and exploitation. Concise, legally documented instructions can save costly and time-consuming legal intervention in the future.

If you have close family and friends, expressing your preferences clearly—and encouraging them to do the same—are two of the greatest gifts you can give them. You want them to be aware of your wishes, to save potential confusion or conflict later on.

Notaries in Sooke understands the sensitivities and complexities of these planning decisions, and will ensure that your intentions are properly documented—so you can rest assured about the future.

There are 2 distinct types of planning an Adult needs to consider:

1. PERSONAL PLANNING TOOLS: These are the arrangements that you make for yourself “WHILE LIVING”, and include:

a) Power of Attorney
b) Advance Directive (Living Will)
c) Representation Agreement

2. ESTATE PLANNING TOOLS: These are the arrangements that you make for yourself after you are “NO LONGER LIVING”, and include:

a) Last Will & Testament
b) Deed of Gift

1. “PERSONAL PLANNING” TOOLS
These are the arrangements that you make for yourself “WHILE LIVING”

Advance Personal Planning can be a very comforting and satisfying process, especially when it’s managed by an experienced and trusted legal professional.

a) Power of Attorney
A Power of Attorney (“POA”) document allows a capable Adult to appoint a person (or persons) to handle his or her financial and legal matters in the event the Adult is unable to do so in future or needs assistance.

The POA document also specifies whether these individuals are allowed to act separately or if they are required to act together. Because of the financial authority conveyed, it is critical that the Adult:

• fully understands what powers he or she is granting with this POA document, and
• has complete trust in the person he or she is appointing.

The POA document also allows the Adult to compensate the designated attorney for performing actions on his or her behalf.

Who Should Have a Power of Attorney?
This document has great value for anyone who:
• wants to ensure a trusted person will take care of bill-paying, correspondence, and financial management in the event of incapacity or absence;
• may need assistance with daily finances, now or in the future;
• wants to avoid the very lengthy and expensive process of a court-appointed committee, should he or she suddenly become incapable;
• wants to avoid having the Public Guardian and Trustee take over his or her affairs.

b) Advance Directive (aka Living Will)
Advance Directives document instructions for doctors, nurses, and other health-care providers about an Adult’s future health care. That ensures the Adult’s wishes will be carried out if he or she is unable to express them in the future.

Who Should Have an Advance Directive?
People who want to ensure their wishes are followed, even if:
• their family’s wishes differ from their own;
• they have no family who could be appointed as their representative;
• they have concerns that differing opinions among their family might cause conflict if a decision must be made about where they should live or their end-of-life situation.

c) The Representation Agreement
This document appoints a representative (or multiple representatives) to make decisions regarding the Adult’s health and personal care matters in the event that he or she is unable to communicate.

Depending on how the Representation Agreement is prepared, the authority of a designated representative can include:
• routine finances;
• decisions regarding health care, personal care, and limited legal affairs;
• refusal or consent to life-support treatment and care;
• consent to less common medical procedures and/or treatment;
• consent to treatment the Adult approved while capable but has refused since losing capacity;
• decisions for living arrangements for the Adult, including choosing a care facility.

In preparing the document, Notaries in Sooke can help determine the appropriate scope for the specific representative(s). There are 2 types of Representation Agreements and the Notary will determine whether a (s. 7) Standard Agreement or a (s. 9) Enhanced Agreement are most appropriate for the Adult.

Who Should Have a Representation Agreement?
Adults who want to ensure that a specific person (or persons) are appointed to make decisions for them, especially if they have no spouse or no children, or if their children are in conflict with one another or would not be good decision-makers.

2. “ESTATE PLANNING” TOOLS
These are the arrangements that you make for yourself after you are
“NO LONGER LIVING”

Estate Planning can be a very comforting and satisfying process, especially when it’s managed an by experienced and trusted legal professional.

a) Last Will & Testament
Wills are a critical tool for outlining wishes for the distribution of assets, guardianship of minor children, and the designation of an executor who takes care of administering the estate.

A November 2010 survey conducted by the Society of Notaries Public of B.C. found that only 51% of adults in B.C. have a Will. Without a Will, the Court determines who the executor will be, and the law decides who is entitled to the estate.

Who Should Have a Will?
Adults in B.C. who:
• own property, including real estate, vehicles, or other assets;
• have a dependent spouse or children; and
• wish to have someone they know and trust take care of their estate after their death.

b) The Deed of Gift
This Deed of Gift documents a significant gift to another person during the Adult’s lifetime. When prepared and notarized by Notaries in Sooke, the document proves the donor’s intention regarding the gift; that proof may be required to counter “undue influence” or arguments after the donor’s death. It can also be useful in circumstances where a person near death wants to transfer his or her assets or home into joint tenancy or wants to give a significant sum of money or gift to another person prior to death.

Who Should Consider a Deed of Gift?
Anyone who wants to transfer an asset as a gift before his or her death.

If you would like to learn more and discuss which planning tools might be a fit for you, please call Cheryl at Notaries in Sooke Ph (250) 642-3318 or email cheryl@ notariesinsooke.ca to arrange a free consultation appointment.